Thursday, December 9, 2021
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Two questions If something worsens a VA rated disability, does it warrant an increase? Can an injury after service be added to a vets VA rating?

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So let me explain a bit better, the title limit made it hard for me to be clear. So I have a disability/disabilities, I am rated at %70 for life with the VA right now. Although my ability to work in my opinion is more impaired then they rated me. I'm not going into detail about my disabilities as it's my personal business and also it's irrelevant to the question at hand anyways.

QUESTION #A So, If someone acquires an injury/becomes disabled in the service and consequently files a claim and gets rated and all that etc If that servicemember had, lets say PTSD for example, and was awarded a rating of 50%, for it being service-connected – caused by active duty service (opposed to worsened by) – and then sometime later down the road, like a year or two after being approved, they had something awful and traumatic happen to them that worsened their PTSD considerably, would they be eligible for an increase on their PTSD based rating, since now there PTSD would be impairing their ability to function in life/work to a greater degree? Seeing as the service caused the life long PTSD, would they still get an increase if it gets worse since it wouldn't be an issue if the service hadn't caused it in the first place (i.e. the incident couldn't have made their PTSD if they hadn't gotten PTSD from their service to begin with)?

QUESTION #B Say hypothetically a veteran is injured during their TIS. They get out, Apply for disability, get approved on their claim and then awarded a VA disability rating, in this scenario the Vet has multiple, so lets just say 5 disabilities that were listed and then approved on their initial claim. If a few years later the service member were to get hurt somehow, or be diagnosed with some kind of chronic illness or non-chronic illness that affected their ability to function on a daily basis, (doesn't matter what or how it happened), and this resulted in something like loss of normal range of mobility, impaired vision or hearing, or they get PTSD/depression/anxiety or whatever else from it, Would they be able to add that to their list of disabilities and apply to have their rating increased despite it happening as a civilian?

for example, I am asking because one set of logic would be this : they got awarded their rating for some kind of injury/disease or illness/mental illness caused during and by their time in service that impaired their ability to function normally on a daily basis in the civilian world by 50%. After this concurrent injury in the civilian world, lets say it impairs them an additional 30%-50%, Now they are 80%-100% disabled, where as if they had not gotten disabled in the service they

1.) Possibly would not have been injured in the first place/their injury caused this new injury that may not have happened had gotten out of the service in good health. And…

2.) This injury would only cause them to be 30%-50% if they were healthy, rather than, due to already being disabled via their TiS, now being totally disabled and unable to work because they now have 2 injuries.

(And i know using percentages is a super inaccurate way of determining impairment, just going off V.A. logic)

So I would like to know the actually, factual, answer to this. So, would these circumstances be eligble qualifiers for an increase on their VA rating in either Case A or in Case B? Could they be eligble for increase in both cases? or would they just be SoL in both cases?

And again in case anybody wants to berate me, I personally am rated 70% for life, so I am asking this for my own research for my own VA claim, but also just curious as the whole situation seems complex with the "who's fault is what, who is responsible."

Stay safe everyone.

submitted by /u/TheGlobeBlotters
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