How does one go about requesting P&T, if you are already rated at 100%?
Indeed, many types of medical conditions get worse over time. If you are receiving disability benefits from the DoVA, you have the right to request that your DoVA rating be
increased if your medical condition causes your health to deteriorate.
Before you file for an increase in your DoVA disability rating, make sure you know what you can expect from the DoVA, and be prepared for
both the best and worst outcomes you might face after requesting a DoVA disability rating increase.
As such, requesting a DoVA 100 P&T rating is considered a DoVA
increased rating; therefore, it's highly suggested that the veteran review and follow the below helpful steps, at least in my opinion.
Step One: Weigh the Consequences of Requesting an Increase
Any time you ask the DoVA to look at your disability rating, your entire benefits claim will be reviewed. It is entirely possible that the DoVA may decide to
decrease your rating based on changes to your injury or changes to your circumstances. In addition, the DoVA may find errors in your initial benefits award, and could
reduce your DoVA benefits accordingly as well.
Before you decide to file for a DoVA increased rating, please make sure that the medical evidence backs up your DoVA claim. Compare your condition with the VASRD that the DoVA uses, and get your doctors opinion about your chances of success. Make sure that your request is based on an
actual increased disability, and not a need for increased benefits.
Step Two: Determine What Type of Request to Make
The procedures you need to follow to increase your DoVA disability rating depends on when your DoVA benefits were awarded. If it has been less than a year since you were awarded DoVA disability benefits, you will actually need to file a DoVA appeal, not a DoVA request for reconsideration.
A DoVA appeal generally requires a series of requests for reconsideration, hearings, and possibly court proceedings. In comparison, if it has been more than a year since your DoVA benefits were awarded, you can request that your DoVA rating be reevaluated simply by filling out a form.
Step Three: Compile Medical Evidence
In order to justify an increase in your DoVA disability rating, your disability must have worsened. The DoVA will not just take your word that you are feeling worse, you will need to compile medical evidence supporting your DoVA claims.
If you have been treated by private doctors, you will need to include
Form 21-4142 with your request for a DoVA increase. This form will authorize your private doctors to speak with the DoVA and release your medical records.
If you have only been treated by DoVA doctors, you will need to submit the name and address of the DoVA Medical Center or other military facility(ies) which has your relevant treatment records.
Step Four: Fill Out DoVA Form 21-526b
If it has been over a year since your DoVA disability benefits were awarded, the procedure for requesting a DoVA increase is relatively simple. You will need to fill out
Form 21-526b, and provide the DoVA with any additional medical records which support your claim.
Moreover, Form 21-526b allows veterans to request increased compensation because of an increased disability, a new service-connected disability, a secondary disability to your original disability claim, or allows you to request the reopening of a previously denied DoVA claim. You may also choose to write a letter to include with the aforementioned form, explaining why you believe your DoVA disability rating should be increased.
If it has been less than a year since your benefits were awarded, you will need to file a DoVA appeal of your entire claim in order to increase your DoVA rating. This procedure is significantly more complicated, and may require you to attend hearings and complete additional paperwork. Veteran representatives can help you through the appeals process, and make sure you are getting the benefits you deserve.
Step Five: Appeal if Necessary
If your request for a DoVA increase rating has been denied, or if your DoVA benefits were decreased after a reevaluation, you have the right to appeal the DoVA's decision.
That all said, if you are considering filing a DoVA NOD appeal, please make sure you have the assistance you need to make a successful DoVA claim. Take care!
Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer!"
Best Wishes!