Overview
In This Section |
This section contains the following topics:
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1. Identification of Claims for Increase
Introduction |
This topic contains information about claims for increase, including
|
Change Date |
February 19, 2019
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III.ii.2.E.1.a. Definition: Claim for Increase |
Per 38 CFR 3.1(p)(1), a claim for increase is a type of initial claim that requests an increase in a disability evaluation or rate of a benefit being paid based on a change or worsening in condition or circumstance since the last decision issued by the Department of Veterans Affairs (VA) for the benefit.
Important: Under 38 CFR 3.2500, a claimant may also submit a request for review of a prior evaluation or rate being paid within one year of the prior decision. Any request filed on the appropriate form under these review options should be handled under the specific lane of review selected by the claimant, and not under the claim for increase provisions.
Reference: For more information on handling submissions for increased compensation during the one-year decision review period, see M21-1, Part III, Subpart ii, 1.E.3.
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III.ii.2.E.1.c. Prescribed Form for a Claim for Increased Compensation |
A claim for an increased evaluation in an SC disability must be filed on VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits, or other prescribed form appropriate to the specific type of increased compensation sought.
Reference: For more information on prescribed forms, see M21-1, Part III, Subpart ii, 2.B.1.b.
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2. Policies for Claims for Increase
Introduction |
This topic contains policies for claims for increase, including
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Change Date |
January 28, 2016
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III.ii.2.E.2.b. Claims for Increase in the Level of Disability |
Refer any claim for increase in the level of disability to the rating activity for action after completing any necessary development actions.
Reference: For information on requesting records and when to order an examination, see M21-1, Part I, 1.C.
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III.ii.2.E.2.c. Claims for SMP, Including A&A and Housebound Benefits |
Prior to March 24, 2015, consider any communication from a claimant or his/her representative a “claim for SMP” (A&A or the housebound benefit) if it indicates a desire for increased benefits because of
Effective March 24, 2015, all claims must be received on the prescribed form.
Refer the claim to the rating activity unless the evidence establishes that the claimant is a patient in a nursing home.
Note: If the evidence establishes that the claimant is a patient in a nursing home, refer the claim for development, if development is necessary. Otherwise, refer the claim to the post-determination team to grant A&A without a rating.
Reference: For information regarding prescribed forms for SMC and SMP claims, see M21-1, Part III, Subpart ii, 2.B.1.b.
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3. Submissions for Increased Compensation Received During the Decision Review Period
Introduction |
This topic contains procedures for handling submissions for increased compensation received during the decision review period, including |
Change Date |
February 19, 2019
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III.ii.2.E.3.a. Submissions During the Decision Review Period |
Under 38 CFR 3.2500, claimants can request a review of a decision issued on a claim for increased compensation during the one-year period following a decision.
Any submissions during this decision review period must be screened to determine the intent of the claimant. The form used by the claimant will determine whether the submission should be handled as a
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III.ii.2.E.3.b. Screening Submissions During the Decision Review Period |
Use the table below to determine how to handle a submission involving an increase in compensation benefits that is filed within one year of the prior decision addressing the evaluation of the same condition.
Reference: For more information on prescribed forms, see M21-1, Part III, Subpart ii, 2.B.1.b.
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| Historical_M21-1III_ii_2_SecE_9-26-16.docx | May 10, 2019 | 59 KB |
| Historical_M21-1III_ii_2_SecE_9-22-17.docx | May 10, 2019 | 48 KB |
| Historical_M21-1III_ii_2_SecE_07-15-2015.docx | May 10, 2019 | 38 KB |
| Historical_M21-1III_ii_2_SecE_1-28-16.doc | May 10, 2019 | 55 KB |
| 9-26-16_Key-Changes_M21-1III_ii_2_SecE.docx | May 10, 2019 | 55 KB |
| Change-July-15-2015-Transmittal-Sheet-M21-1III_ii_2_SecEoldF_TS.docx | May 10, 2019 | 40 KB |
| 9-22-17_Key-Changes_M21-1III_ii_2_SecE.docx | May 10, 2019 | 57 KB |
| 2-19-19_Key-Changes_M21-1III_ii_2_SecE.docx | May 10, 2019 | 51 KB |
| 1-28-16_Key-Changes_M21-1III_ii_2_SecE.docx | May 10, 2019 | 40 KB |
| Historical_M21-1III_ii_2_SecE_03-24-2015.docx | May 10, 2019 | 58 KB |
| Change-July-15-2015-Transmittal-Sheet-M21-1III_ii_2_SecE_TS.docx | May 10, 2019 | 41 KB |
| pt03_sp02_trans.doc | May 10, 2019 | 114 KB |
| Historical_M21-1III_ii_2_SecF_09-30-2010.docx | May 10, 2019 | 37 KB |
in Chapter 2 Benefit Programs and Types of Claims, Part III General Claims Process, Subpart ii Initial Screening and Determining Veteran Status
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