Va Disability Rating Reduction
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Any rating that has continued at the same level for five years or more is considered to be a stabilized ratingwhether it is at 10 percent or 100 percent. How useful was this post.
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For most American that kind of change can result in homelessness and a great deal of stress.
Va disability rating reduction. The veteran then must be given 60 days to respond before the rating can be reduced. The VA will not usually be able to reduce your disability rating without a reexamination so your rating should be safe if you meet any of the above criteria. However the VA is only allowed to reduce a veterans disability rating under certain circumstances and when allowed by law.
Protected VA Disability Ratings. For example if you received a disability rating of 50 percent in January 1997 starting in January 2017 your rating can never fall below that amount unless VA finds evidence that you obtained it fraudulently. Certain VA disability benefits are considered Protected Ratings according to the VA though others say the term protected is a misnomer.
If the VA finds that the veterans disability has decreased in severity then a VA rating reduction may be proposed. The Department of Veterans Affairs reduces veterans disability ratings to ensure that each veteran is being compensated for their current level of disability. The Veterans Disability Compensation for a stabilized rating may not be reduced unless all of the evidence in the VA records shows that there is sustained improvement in the disability.
When reducing a total disability rating based on the severity of an appellants condition the burden falls on VA to show material improvement in the veterans condition from the time of the previous rating examination that assigned the appellants 100 disability rating. For example if a veterans service-connected PTSD was originally rated 30 disabling and fluctuated between 30 and 70 over the next 20 years without dipping below 30 VA could not reduce the rating to below 30 percent. Reductions Due To Incarceration of Jail Time If a veteran is in local state or federal prison for more than 60 days while receiving veterans disability the VA can reduce your benefits.
The second type of protected rating is a 100 disability rating. If the veteran had a disability rating higher than 20 the VA might lower your disability rating to 10. If the disability has shown temporary or episodic improvement it cannot be reduced unless all evidence clearly shows sustained improvement.
This is where it helps to be able to find and read the appropriate regulations or find an expert who can help you through the task. In some cases they may even terminate the service-connected status entirely. If not they may not be considered in a VA rating reduction.
If the VA finds that the veterans disability has decreased in severity then a VA rating reduction may be proposed. If the VA cannot show sustained improvement it cannot reduce a veterans rating. It is imperative that you attend this examination.
Why Does VA Reduce Disability Ratings. VA cannot reduce a continuous rating below the original rating level unless they determine the rating was based on fraud. If VA proposes to reduce your disability rating or sever service connection for your disability you should consider seeking help with your claim.
The VA can reduce an unprotected rating but only if there is an improvement in the veterans disability after consideration of the veterans medical and work history and in the ability to function under the ordinary conditions of life and work. Prior to the VA reducing your disability rating you will receive a letter from the VA proposing a rating reduction or request you to submit to a reexamination. The rating may have been reduced within that time but never taken away.
Veteran Shocked by Disability Rating Reduction from 70 to 0 One veteran recently wrote in on our Facebook group Disabled Veterans Chapter 31 Voc Rehab of their horror being reduced from his 1300 per month payment to 0. What does this mean. Ratings that have been in effect for 5 years or more.
The VA cannot reduce such a rating unless all evidence in the record shows sustained improvement of the disability. In some cases they may even terminate the service-connected status entirely. If you fail to show the VA can reduce or terminate your rating without any additional warning.
In short VA is permitted to reduce disability ratings. VA is required though to follow the rules and regulations in making such a reduction. If you do steps 1-6 but the VA still reduces your service connected disability rating dont fret.
Once service connection is protected the rating is still subject to fluctuation but benefits may not be terminated after this time. Even if the VA reduces your rating you can still appeal that decision. The veteran is also able to request a hearing within 30 days of the notice of proposed reduction.
If VA anticipates that a veterans condition will improve over time when initially rating them they will schedule a re-evaluation of the veterans condition and can potentially reduce their disability rating. A disability rating cannot be denied service connection if a rating has been assigned for a period of ten years or more. For instance before reducing a veterans disability rating the VA is required to send the veteran a notice of proposed reduction.
The VA must also review the entire record of examinations to determine whether such examinations are full and complete. If you have had the same disability rating for PTSD for 20 years VA cannot lower your rating except in the case of fraud. However the VA is only allowed to reduce a veterans disability rating under certain circumstances and when allowed by law.
If you want to contest the reduction you have one year from the date of the final determination to file VA Form 21-0958 Notice of Disagreement.
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