
When to File for a VA Rating Increase: Strategic Timing That Maximizes Benefits
Knowing when to file for a rating increase can mean the difference between a quick approval and a frustrating denial. File too early without evidence and you get denied. Wait too long and you lose months of increased compensation you should have been receiving. Getting the timing right is one of the most important strategic decisions in the entire claims process.
The right time depends on multiple factors: the strength of your evidence, how much your condition has worsened, whether you have protected rating periods, and how close you are to critical deadlines.
The Intent to File Rule: You can file an Intent to File (VA Form 21-0966) at any time to lock in your effective date, then take up to one year to gather evidence. This is the single best tool for strategic timing -- it lets you protect your back pay while building the strongest possible case.
File Now: Clear Signals Your Condition Has Worsened
Certain events provide strong justification for filing immediately.
After a Significant Medical Event
If any of the following have happened, file as soon as you have the documentation:
- Hospitalization -- Being admitted for your service-connected condition, especially for mental health crises, is powerful evidence of increased severity
- Emergency room visits -- Multiple ER visits show your condition is not adequately controlled
- Surgery -- Needing surgical intervention demonstrates progression
- New assistive devices -- Being prescribed a cane, walker, wheelchair, or CPAP machine shows functional decline
- Job loss -- Having to quit, reduce hours, or go on disability leave because of your condition
After a New Related Diagnosis
A new diagnosis caused by or related to your existing service-connected condition warrants a claim:
- Secondary conditions -- Sleep apnea from PTSD, radiculopathy from a back injury, depression from chronic pain
- Disease progression -- New imaging showing advanced arthritis, additional disc degeneration, or nerve damage
- Complications -- Development of new problems stemming from your original condition
When Medical Records Show a Pattern
You do not need a dramatic event. A consistent pattern of worsening documented across multiple appointments is enough:
- Increasing medication dosages or addition of new prescriptions
- More frequent treatment visits compared to a year or two ago
- Multiple failed treatments showing the condition resists intervention
- Referrals to specialists indicating increasing complexity
- Consistent symptom reports that meet criteria for the next higher rating level
Ideally, you should have at least 6-12 months of consistent documentation showing progressive worsening before filing.
When You Should Wait Before Filing
The Most Common Mistake: Filing too early with weak evidence. The urge to submit is strong, but a denial based on insufficient evidence can set you back months or years. Take the time to build your case. File an Intent to File to protect your date, then gather your evidence.
Right After Your Initial Rating
If you just received your initial service-connection rating, wait before filing for an increase unless you have clear evidence that your C&P exam understated your symptoms or the rater misapplied the criteria. Filing immediately without new evidence typically results in denial because there is nothing new for the VA to consider.
During a Temporary Flare-Up
A single bad week or month is not sufficient evidence of permanent worsening. If you are experiencing a temporary flare-up:
- Document it thoroughly (dates, severity, impact on daily life)
- Note whether flare-ups are becoming more frequent or lasting longer
- Wait until you can show that your baseline has worsened, not just that you had an isolated bad period
Before You Have Adequate Evidence
Do not file just because your condition feels worse. You need documented evidence: recent medical records, objective findings, and evidence of functional decline. A strong claim filed a few months later has a much better chance of success than a weak claim filed today.
The One-Year Deadline: When Timing Becomes Critical
If you received a denial or a lower-than-expected rating, the one-year anniversary of that decision is a critical deadline.
- Within one year: If you file a Supplemental Claim within one year and win, your effective date may go back to your original claim date -- potentially worth thousands in additional back pay
- After one year: Your effective date becomes the date you file the new claim, and you lose all the months in between
What to Do If You Are Approaching the Deadline
If you are at month 10 or 11 and still gathering evidence, do not let the deadline pass while waiting for the perfect package. You have options:
- File a Higher-Level Review -- This is faster and preserves your effective date while you continue gathering evidence for a potential Supplemental Claim if the HLR is denied
- File a Supplemental Claim with what you have -- Submit your claim with the evidence you have gathered so far, then continue submitting additional documents through VA's QuickSubmit as you obtain them
The worst option is letting the one-year mark pass while hoping to gather better evidence later.
Strategic Timing Considerations
The Continuous Claims Strategy
If you have a degenerative condition that worsens progressively (arthritis, degenerative disc disease, worsening PTSD), consider filing increase claims periodically as your condition declines:
- Every 1-2 years for gradually worsening conditions
- Whenever your symptoms clearly meet the next rating level based on the 38 CFR criteria
- After each significant change like a new diagnosis, hospitalization, or major treatment shift
This ensures your compensation keeps pace with your actual disability level rather than staying frozen at an old rating that no longer reflects your reality.
Consider Your Protected Rating Status
Your rating protections affect the risk-reward calculation:
- Under 5 years: Filing carries slightly more risk since the VA can reduce your rating more easily if they find improvement. Make sure your evidence is strong.
- 5-10 years: The VA must prove sustained improvement to reduce your rating. You can file more confidently.
- 10+ years: Your service connection cannot be severed. You will always be service-connected for that condition.
- 20+ years: Your rating percentage cannot drop below its current level. Filing for an increase carries virtually zero reduction risk.
Practical Considerations
- Availability for C&P exams -- Make sure you will be available for a likely C&P exam in the next few months. Missing an exam can result in denial.
- Employment changes -- If your condition is forcing you to leave a job, document the workplace difficulties before you resign. Employment records showing declining performance or accommodations are valuable evidence.
The Evidence-First Principle
The single most important timing rule: let your evidence drive your filing decision, not the calendar.
Before filing, make sure you have:
- Recent medical records (within the past 6-12 months) documenting increased symptoms
- Evidence addressing the rating criteria for the next higher percentage
- Functional evidence showing how worsening affects daily activities and work
- Supporting lay statements from people who have observed your decline
- A clear narrative comparing your condition now versus when you received your last rating
If you have all five, file now. Every month you delay is a month of benefits you are not receiving.
If you are weak in any area, file an Intent to File to protect your effective date, then spend time strengthening your evidence package.
Quick Decision Guide
File immediately if:
- You were recently hospitalized for your service-connected condition
- You had to quit work or go on disability leave
- You are approaching the one-year anniversary of a denial
- You have strong, comprehensive evidence of clear worsening
File an Intent to File now, then build your case if:
- Your condition is worsening but you lack recent treatment records
- You need to obtain a private medical opinion
- You want buddy statements but have not gathered them yet
Wait and gather evidence if:
- You just received your initial rating and nothing has changed
- You are in a temporary flare-up without documented chronic worsening
- You have fewer than 6 months of recent treatment records
Next Step: Use the Veterans Benefits Finder to see what benefits become available at higher rating levels. Understanding the financial impact of a rating increase -- beyond just monthly compensation -- helps you make informed decisions about when to file.
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