Veterans often wait to file for an increase until the next exam or the new year, assuming the date cannot matter. It can: under 38 CFR 3.400(o)(2), when the worsening is factually ascertainable in the records from the year before you file, the effective date can reach back up to one year. Waiting without a dated record costs exactly the back pay the rule was written to protect.
What an increased rating claim is
A rating is not permanent in most cases. If a service connected condition has grown more severe, you can ask VA to evaluate it at a higher level. This is an increased rating claim, and the rules around timing can protect months of back pay if you understand them.
What you are claiming
You are not refiling for service connection. The condition is already recognized. You are saying the disability is now worse than the current rating reflects, and the evidence should support a higher percentage under the rating criteria for that condition.
Before you file, read the rating criteria on your condition page and compare them honestly to your current symptoms and exam findings. The increase has to be supported by evidence, not only by how you feel on a hard day.
How to file
The form is VA Form 21-526EZ, the same application used for disability compensation. You can file online on VA.gov or by mail. Identify the condition and state that you are claiming an increase because it has worsened.
Strong evidence for an increase includes recent treatment records, objective test results such as range of motion measurements or a sleep study, and your own statement describing how the condition affects work and daily life. A current examination that captures your worst function carries weight.
The effective date rule that protects back pay
Most effective dates are the date VA receives the claim. Increased rating claims have a special rule under 38 CFR 3.400(o)(2). If the evidence shows the increase actually happened within the year before you filed, and that worsening is factually ascertainable from the record, VA can pay from that earlier date, up to one year back.
So if your records show your condition clearly worsened eight months before you filed, your effective date may reach back to that point rather than to the filing date. This is why dated medical evidence matters.
If you are not ready to file the complete claim, record an Intent to File first to hold your date while you gather records.
A caution about filing for an increase
Filing for an increase puts the condition back in front of a rater, who looks at the current evidence. In most cases that is fine and the rating stays or rises. Know the rating criteria first so your expectation matches the evidence. If a rating has been in place a long time, separate protections can apply, which the article on a proposed reduction explains.
This is educational. It is not legal advice. A VA accredited representative can review the rating criteria and your evidence before you file.
Sources
- VA Form 21-526EZ (disability compensation application)
- 38 CFR 3.400 (effective dates, including 3.400(o)(2) for increases)
- VA Form 21-0966 (Intent to File)
- 38 CFR 3.155 (how to file a claim)
Before you file for an increase, ask
- Do the current rating criteria for your condition, read honestly against recent findings, actually support a higher percentage?
- Is there dated medical evidence, treatment notes, range of motion measurements, a sleep study, showing when the worsening became ascertainable? 38 CFR 3.400(o)(2) can pay from that point, up to one year back.
- Would an Intent to File (VA Form 21-0966) hold your date while you gather records?
- Does your statement describe the effect on work and daily life, not just the symptoms on a hard day?
- Has the rating been in place 5, 10, or 20 years? Know which reduction protections apply before putting the condition back in front of a rater.
Related on this site
- Combined rating calculator
- Protected ratings: the 5, 10, and 20-year rules
- Intent to File: Lock In Your Effective Date Before You Are Ready
Common questions
How do I ask VA for a higher rating?
File VA Form 21-526EZ, identify the service connected condition, and state you are claiming an increase because it has worsened. Support it with recent treatment records, objective results such as range of motion measurements or a sleep study, and your own statement about work and daily life.
Can an increase pay back pay from before I filed?
Yes, up to one year. Under 38 CFR 3.400(o)(2), if the worsening is factually ascertainable from the record within the year before you filed, VA can pay from that earlier date, which is why dated medical evidence matters.
Is there any risk in filing for an increase?
Filing puts the condition in front of a rater who looks at the current evidence, so read the rating criteria first and make sure the evidence supports the higher tier. Long-standing ratings carry separate protections, covered in the proposed reduction rules.