Yes, if a veteran believes their disability rating is too low, they can file an appeal. This is crucial because a rating that’s too low will amount to inadequate benefits for their injury. To prepare for this appeal, the veteran must visit the VA medical facility where they received their compensation and pension physical.
Next, the applicant should contact the Freedom of Information office to obtain a copy of the physician’s report. If the report doesn’t accurately describe their disability, the veteran can write the VA to request another medical exam and to explain why they feel their condition has not been accurately documented. (As an alternative, the veteran can visit their own doctor to obtain another medical report, which they can send to the VA. In these cases, the VA may order a re-examination.)
A veteran may also ask for a review by a decision review officer (DRO). This is an officer who was not involved in determining the veteran’s disability rating who will carry out their own review. Most often, they will either leave the rating unchanged or raise it. They cannot lower a disability rating unless an egregious mistake has been made in assigning a higher rating than warranted.
If the veteran doesn’t approve of the decision rendered by the DRO, they can appeal further to the Board of Veterans Appeals (BVA). The claimant is permitted to bring a representative — such as an attorney — to the meeting. If a claimant is denied again, they can appeal once more to the U.S. Court of Appeals for Veterans Claims (CAVC). Note that there are very small windows of time between each of these steps, and if a service member misses a deadline, they may become ineligible for benefits.
If this process sounds tedious and overly complicated, that’s because it is. That’s why so many vets decide to hire a lawyer who knows the appeals process inside and out. They can guide the claim to a successful resolution while the veteran focuses on managing their disability and spending time with their loved ones.