How to file a VA claim for an increased rating — when a service-connected condition has gotten worse
When a service-connected condition gets worse, you can ask VA for a higher rating by filing a claim for increased compensation on VA Form 21-526EZ — online, by mail, in person or through a free accredited representative. Evidence that the condition now meets a higher level of its rating criteria (medical records, test results, statements from people who see the effect on you) supports the claim, and VA usually schedules a claim exam. Under 38 CFR 3.400(o)(2), an increase is effective from the earliest date it is factually shown the condition worsened if the claim is received within one year of that date; otherwise from the date of claim. A Supplemental Claim is for re-deciding a past decision with new evidence; a worsened condition is a new claim for increase.
What you'll need
- VA Form 21-526EZ (online or paper), or an intent to file (VA Form 21-0966) if you need time to gather evidence
- Recent VA or private medical records, test results and prescriptions that show the condition is worse
- Statements from family, co-workers or others describing the change (VA Form 21-10210)
- The rating criteria for the condition in 38 CFR Part 4, so you know which level your evidence supports
- A free accredited representative (CVSO or VSO)
Step-by-step
Step 1: Check the rating criteria for the next level
Every rated condition has criteria in 38 CFR Part 4 that describe each percentage. Read the level above your current rating and gather evidence that matches its wording: a mental health condition rated under 38 CFR 4.130 is measured by occupational and social impairment and the frequency, severity and duration of symptoms (4.126); a joint by range of motion, pain and flare-ups; sleep apnea by whether a breathing device is required; migraine by the frequency of prostrating attacks. A county veterans service officer can show you the schedule for your condition.
Step 2: Gather evidence of the worsening
VA accepts VA and private medical and hospital records that show the disability has gotten worse, and supporting statements from family members, friends, clergy, law enforcement or people you served with about how it has worsened. New test results, specialist visits, hospitalizations, stronger or additional medication, lost work time and help you now need at home all document the change. You do not have to submit evidence — VA can request records and schedule an exam — but submitting it with the claim speeds the decision. You have up to one year from the date VA receives the claim to send more.
Step 3: File VA Form 21-526EZ for increased compensation
File online at VA.gov (your effective date is set when you start the online form), by mail to Department of Veterans Affairs, Claims Intake Center, PO Box 4444, Janesville, WI 53547-4444, by fax, in person at a regional office, or through an accredited VSO representative, claims agent or attorney. List each condition you believe has worsened. If you plan to file on paper and need time for evidence, submit an intent to file first (VA Form 21-0966) to hold the date for up to a year.
Reference: https://www.va.gov/disability/file-disability-claim-form-21-526ez/
Step 4: The claim exam
VA will usually schedule a claim exam for the condition. Describe your symptoms as they are now, including bad days, how often flare-ups happen and what you cannot do; for a mental health condition VA must rate on all the evidence of occupational and social impairment, not only how you appear at the exam (38 CFR 4.126). Do not miss the exam — a missed exam can lead VA to decide on the existing record.
Step 5: Effective date, and if the rating goes down instead
Under 38 CFR 3.400(o)(2) the increase is effective from the earliest date it is factually ascertainable that the condition worsened, if VA receives the claim within one year of that date; otherwise from the date VA receives the claim. An exam can also show improvement. VA cannot reduce a compensation rating without first proposing the reduction and giving you 60 days to respond (38 CFR 3.105(e)); a rating in place for five years or more can be reduced only on sustained improvement shown by the full record (3.344); a rating in effect for 20 years or more cannot be reduced below that level except for fraud (3.951(b)); and a total rating needs material improvement under ordinary conditions of life (3.343). If you disagree with the new decision, you have one year to request a decision review.
Critical tips
- A worsened condition is a claim for increase on Form 21-526EZ, not a Supplemental Claim — VA's Supplemental Claim page says so directly.
- If your service-connected conditions now keep you from substantially gainful work, consider Total Disability based on Individual Unemployability (VA Form 21-8940) alongside the increase.
- Temporary 100% ratings exist for hospital stays over 21 days and for convalescence after surgery or a cast (38 CFR 4.29 and 4.30) — separate claims on the same form.
- VA posts its current average decision time on VA.gov rather than a fixed timeline.
- A county veterans service officer can file the claim and review the rating schedule with you for free: warriorsfund.org/find-cvso.
- In crisis: dial 988 then press 1, or text 838255.