Legal Question in Veterans Law in Maryland

Re: Upgrading veterans benifits

You should file for an increase and for total diability if you can't work. This can be a tricky area where the VA may not give you all you deserve. It may help for you to consult an attorney on this. Feel free to email me directly with any questions.

Re: Upgrading veterans benifits

You can do this on your own by following the advice given by Mr. Tracy in the prior response. If you would prefer to have an attorney to appear with you, you will need to find one who is authorized by the VA to appear on your behalf. As of July 1, 2008, a legal representative must be certified to practice before the VA when seeking the initial rating or a change in rating. I am VA certified and am more than happy to help.

Re: Upgrading veterans benifits

Whatever you do, DO NOT ask to "REOPEN" the claim. If you are already service connected, all you need to do is tell the VA you think the condition has worsened. Then they have a duty to provide you with an exam. When you file for the increase, you might also file evidence of unemployability if you have any. If you file to "Re-open" that is VA lingo that often triggers them to see it as a new claim rather than just a request for increase-then they will ask for you to provide "new and material" evidence which is not necessary for you to do. A reopening is more difficult and starts a new effective date to run. You may want to consult an attorney to get accurate answers here.

Re: Upgrading veterans benifits

Any claim for increased benefits can be reopened upon presenting new and material evidence. Contact the DAV or the PVA to assist you in refiling of the claim.

Good luck!!!