When should I file for an increased rating?

File when an already-service-connected condition has measurably worsened in a way you can document. Examples: PTSD symptoms have intensified (more frequent flashbacks, hospitalization, occupational impairment); a back condition has progressed from limited motion to additional functional loss; a knee disability has developed instability; sleep apnea has been diagnosed and requires CPAP. The worsening must move the condition into a higher bracket of the relevant Diagnostic Code rating criteria.

How do I file an increased rating claim?

File VA Form 21-526EZ and identify the existing service-connected condition you want re-rated. Attach evidence of worsening: recent treatment records, a private DBQ (Disability Benefits Questionnaire) from a treating provider, lay statements from family or co-workers about increased symptoms, and any hospitalization or emergency room records. The VA will schedule a new C&P exam to evaluate current severity. The C&P examiner compares current findings to the rating criteria in 38 CFR Part 4.

What is the effective date for an increased rating?

Generally, the effective date is the date the increase claim was filed (38 USC 5110(a)). Exception under 38 USC 5110(b)(3): if it is factually ascertainable that the increase in disability occurred within the one year prior to filing, the effective date can backdate to that earlier date, but not more than one year before claim filing. The factual-ascertainability standard typically requires medical records dated within that one-year window showing the worsening.

Can the VA decrease my rating when I file for an increase?

Yes, in theory. The C&P exam scheduled for an increase claim looks at current severity, and if the current severity is lower than what supported the existing rating, the rater can propose a reduction. Rating protections under 38 CFR 3.344 (5-year rule), 38 CFR 3.957 (10-year rule), and 38 CFR 3.951(b) (20-year rule) limit how easily ratings can be reduced. For protected ratings, the VA must meet a heightened evidentiary standard.

What is the 20-year rule?

Under 38 CFR 3.951(b), a rating that has been continuously held at the same level for 20 or more years cannot be reduced below that level except in cases of fraud. This is the strongest rating protection. A 30% rating held for 20 years can never drop below 30% absent fraud, even if the condition objectively improves.

Should I file for an increase if I am close to a higher bracket?

Generally yes, if the evidence supports the higher bracket and the current rating is not artificially protected by a 5/10/20-year clock that you would lose by reopening. The risk-reward usually favors filing when the worsening is well-documented because the upside (higher monthly compensation, possibly P&T qualification, access to A&A or housebound) is significant. The downside risk is highest in the 1-4 year window when no protection has yet attached.

Increased Rating Claims

Q: What is the 5-year rule for rating protection?

Under 38 CFR 3.344(a)-(c), a rating that has been continuously held at the same level for 5 or more years is considered 'stabilized.' To reduce it, the VA must show sustained material improvement under the ordinary conditions of life, based on a thorough examination at least as thorough as the one supporting the original rating. A single low C&P exam is not enough — the VA must show the improvement is durable.

Q: What is the 10-year rule for service connection protection?

Under 38 CFR 3.957, service connection itself (the link between the condition and service) is protected after 10 continuous years and cannot be severed except in cases of fraud or clear and unmistakable error in establishing the original service connection. The 10-year rule protects the SC link but does not protect the rating amount from reduction.

By Shirley Chia. Published 2026-06-09. Source: 38 USC 5110, 38 CFR 3.344.

TL;DR. An increased rating claim is filed when an existing service-connected condition has worsened. Use VA Form 21-526EZ, attach evidence of worsening (treatment records, private DBQ, lay statements), and expect a new C&P exam. Effective date is the claim filing date, with a one-year backdate possible under 38 USC 5110(b)(3) if the worsening was factually ascertainable in the prior year. The C&P exam can also result in a reduction unless the rating is protected: 5-year rule (38 CFR 3.344, stabilized rating, sustained material improvement required), 10-year rule (38 CFR 3.957, service connection protected from severance), or 20-year rule (38 CFR 3.951(b), rating amount protected from reduction except for fraud).

The filing mechanics

The form: VA Form 21-526EZ

The same form used for original service-connection claims is also used for increased rating claims. On the form, identify the specific service-connected condition you are claiming has worsened and check the box for "Increased Compensation."

The evidence the VA wants to see

The VA's task on an increase claim is to compare current severity against the rating criteria in the relevant Diagnostic Code. Useful evidence:

Recent treatment records. VA medical records, private medical records, ER visits, hospitalizations.
A private DBQ (Disability Benefits Questionnaire). A treating specialist can complete the same DBQ form a VA C&P examiner uses. A specialist-completed DBQ that aligns with the higher rating bracket is strong evidence.
Lay statements. Statements from spouse, family, co-workers, or supervisors about observable changes in symptoms, function, or behavior. Particularly important for mental health and pain conditions where subjective symptoms drive ratings.
Employment records. Time lost from work, FMLA documentation, accommodations requested, performance issues attributable to the condition.

The new C&P exam

After the claim is filed, the VA almost always schedules a new C&P exam. The examiner evaluates the condition as it currently presents, applying the same Diagnostic Code criteria used at the original rating. The current findings drive the new rating.

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Effective dates: the claim date and the one-year backdate

General rule: 38 USC 5110(a)

The effective date of an increased rating is generally the date the claim for increase was filed with the VA. Compensation at the higher rate begins the first day of the month after the effective date.

Exception: 38 USC 5110(b)(3) one-year backdate

The statute carves out an exception: if the VA finds it factually ascertainable that the increase in disability occurred within the one year immediately preceding the date of claim, the effective date can be set as early as the date of that ascertainable worsening — but not more than one year before the claim filing date.

Practical proof: medical records dated within that one-year window showing symptoms or findings that meet the higher rating bracket. A C&P exam dated 8 months before the claim filing showing 70%-level PTSD symptoms can support a 70% effective date 8 months earlier than the claim date, if the rater accepts the factual-ascertainability standard.

What is not factually ascertainable

The factual-ascertainability standard is strict. A general statement that "the condition got worse last year" without dated medical evidence does not suffice. The VA wants a specific date or close approximation supported by contemporaneous records.

The reduction risk and the protective rules

A C&P exam scheduled for an increase claim looks at the current state of the disability. If the current state is lower than what supported the existing rating, the rater can propose a reduction. The protective rules under 38 CFR limit when this can happen.

5-year rule (38 CFR 3.344)

A rating that has been continuously held at the same level for 5 or more years is considered "stabilized." To reduce a stabilized rating, the VA must show sustained material improvement under the ordinary conditions of life, based on a thorough examination at least as thorough as the one supporting the original rating.

A single low C&P exam is generally not enough. The VA must show the improvement is durable, not a temporary remission. Courts have repeatedly remanded VA reductions that relied on a single exam without showing sustained improvement.

10-year rule (38 CFR 3.957)

Service connection itself (the legal link between the condition and service) is protected after 10 continuous years of being in effect. After 10 years, the VA cannot sever service connection except in cases of fraud or clear and unmistakable error in establishing the original service connection.

The 10-year rule protects the SC link only. It does not protect the rating amount. A 10-year SC condition can still be reduced from 50% to 30% if the rating amount is not also protected.

20-year rule (38 CFR 3.951(b))

A rating that has been continuously held at the same level for 20 or more years cannot be reduced below the lowest rating amount held during those 20 years, except in cases of fraud. This is the strongest rating protection.

A 30% rating held for 20 years can never drop below 30% absent fraud, regardless of whether the underlying condition objectively improves. A veteran who hits the 20-year mark has a floor under the rating amount.

The interaction

Years held	What is protected	Citation
0-4 years	Nothing special; rating can be raised or lowered based on current findings	—
5-9 years	Rating amount stabilized; reduction requires sustained material improvement	38 CFR 3.344
10-19 years	Service connection protected from severance (fraud/CUE only); rating amount still under 3.344 stabilization standard	38 CFR 3.957
20+ years	Rating amount protected from reduction below the lowest 20-year level (fraud only)	38 CFR 3.951(b)

Common increased-rating scenarios

PTSD progression

The PTSD rating criteria (DC 9411 under the General Rating Formula for Mental Disorders) step through 0%, 10%, 30%, 50%, 70%, and 100%. Veterans commonly file increase claims when symptoms move from "occupational and social impairment with occasional decrease in work efficiency" (30%) to "reduced reliability and productivity" (50%) to "deficiencies in most areas" (70%). A 70% PTSD rating is also the most common doorway to TDIU.

Back disability progression

Spine ratings under the General Rating Formula for Diseases and Injuries of the Spine (DC 5235-5243) depend on range of motion measurements. Veterans whose flexion has decreased from 60-85 degrees (10%) to 30-60 degrees (20%) or to 30 degrees or less (40%) commonly qualify for increases.

Knee instability development

A knee rated under DC 5260 (limitation of flexion) or DC 5261 (limitation of extension) can develop separate compensable instability under DC 5257 (10%, 20%, or 30% based on severity). The instability rating stacks with the limitation-of-motion rating for the same knee.

Sleep apnea diagnosis secondary to a rated condition

Sleep apnea diagnosed after a previously-rated mental health condition or weight-gain-causing condition can be added as a secondary service connection (not technically an "increase" but mechanically similar). DC 6847 rates sleep apnea at 0%, 30% (persistent daytime hypersomnolence), or 50% (CPAP-required) — and the 50% bracket alone can push a combined rating into a much higher bracket.

Worked example

Army veteran, 50% PTSD rating since June 2018. Files increase claim June 2024.

The veteran was originally rated 50% for PTSD in 2018 based on a C&P exam documenting reduced reliability and productivity, panic attacks more than once a week, and difficulty maintaining work and social relationships. Six years later, in 2024, the veteran's symptoms have progressed: he was hospitalized twice in the prior year for suicidal ideation, his marriage is failing, he has been on FMLA for the past 4 months, and his treating psychiatrist documents near-continuous symptoms and inability to function in most settings.

Filing. The veteran files VA Form 21-526EZ in June 2024 claiming increased PTSD rating. Attached: VA mental health treatment notes from the past 18 months, two hospital discharge summaries, a private DBQ from the treating psychiatrist marking 70%-level criteria, two lay statements from the spouse and adult daughter, and FMLA documentation from the employer.

C&P exam. Scheduled August 2024. The C&P examiner notes ongoing severe symptoms, deficiencies in most areas (work, family, mood, thinking), and aligns with the treating psychiatrist's DBQ. The examiner marks the 70% bracket criteria.

Rating decision. Issued December 2024. PTSD increased from 50% to 70%. Effective date: June 2024 (claim filing date). The rater considered backdating under 38 USC 5110(b)(3) but found the worsening was a continuum rather than a discrete factually-ascertainable date.

Compensation math. 50% rate with spouse (2026): approximately $1,241.90/mo. 70% rate with spouse: approximately $1,961.45/mo. Monthly increase: $720. Retroactive lump sum from July 2024 to December 2024 (6 months at $720) = approximately $4,317.

Reduction risk analysis. The 50% rating had been continuously held from 2018-2024, which is 6 years, so the 5-year stabilization protection under 38 CFR 3.344 applied at the time of filing. Had the C&P exam shown improvement instead of worsening, any proposed reduction would have required the VA to show sustained material improvement, a higher bar than a single low exam. The veteran would not have lost the 50% rating from one exam.

Strategic follow-on. With 70% PTSD plus other ratings, the veteran is now also a candidate for TDIU if he cannot maintain substantially gainful employment, which would pay at the 100% rate. The treating psychiatrist's documentation of inability to work supports a TDIU claim filed under VA Form 21-8940.

Sources cited in this article

VetDisabilityCalc is an independent reference site. We are not VA-accredited and we do not prepare or present VA claims. This guide is reference material and is not legal advice.