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Updated Jan 24, 2022

In This Section

  
This section contains the following topics:
 
Topic
Topic Name
1
2
3
 

1.  Identification of Claims for Increase

Introduction

  
This topic contains information about claims for increase, including

Change Date

  
January 24, 2022

II.iii.2.C.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.  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, see M21-1, Part II, Subpart iii, 2.C.3.

II.iii.2.C.1.b.  Types of Claims for Increase

  
Claims for increase may include, but are not limited to, claims for
  • increased service-connected (SC) compensation including
    • increased disability evaluation
    • individual unemployability (IU), and
    • entitlement to special monthly compensation (SMC)
  • an increased rate of benefits due to the addition of a dependent, and
  • increased non-service-connected (NSC) pension including a claim
    • showing either a reduction of, or a deduction from, income, and
    • for entitlement to special monthly pension (SMP).
References:  For more information on

II.iii.2.C.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 II, Subpart iii, 1.A.

2.  Policies for Claims for Increase

Introduction

  
This topic contains policies for claims for increase, including

Change Date

  
January 28, 2016

II.iii.2.C.2.a.  Responsibilities of the Rating Activity

  
The rating activity is responsible for evaluating disabilities under the applicable laws and rating schedule, including statutory benefits such as
  • loss or loss of use of various body organs or parts
  • SMP, other than aid and attendance (A&A) awarded to patients in nursing homes, and
  • SMC.

II.iii.2.C.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 III, Subpart i, 2.C.

3.  Interpreting Submissions for Increased Compensation

Introduction

  
This topic contains procedures for interpreting submissions for increased compensation, including

Change Date

  
July 8, 2019

II.iii.2.C.3.a.  Distinguishing Claims for Increase From Requests for Decision Review

  
Under 38 CFR 3.2500(a)(2), claimants can request a review of a decision issued on a claim at any time after VA issues notice of a decision.  Therefore, screen all submissions regarding evaluation issues to determine the intent of the claimant.  The form used by the claimant will determine whether the submission should be handled as a
  • claim for increase, or
  • decision review request under 38 CFR 3.2500.

II.iii.2.C.3.b.  Screening Submissions for Increased Compensation

  
Screen all submissions for increased compensation based on the table below.
 
If the claimant submits …
Then handle the submission as a …
claim for increase.
supplemental claim.
evidence regarding an evaluation issue without a prescribed claim form
request for application per M21-1, Part II, Subpart iii, 2.G.
 
References:  For more information on