When Can the VA Reduce My Disability Rating?
While you may have gotten used to having a specific rating assigned to your disability, it is important to note that the rating is subject to a reduction if it is not considered a permanent and total rating.
Certain criterion has to be met, of course, for the reduction to take place but is wise to be aware of this fact.
Here’s how reductions can be made:
- The claimant is in jail or prison for more than 60 days
- The VA finds there is an improvement in a disability for an unprotected rating, or one that is less than 100% and has been in effect for less than 5 years
- The VA finds “sustained improvement” for a disability that is stabilized, or has been at the same level of 5 years or more
- The VA finds a “material improvement” in a disability that is total, or is at the level of 100%
- The VA finds that a continuous rating, or one that is at or above a certain percentage for more than 20 years, was procured through fraud.
The VA may require examinations to see whether your disability is improving. It is important to attend these meetings and to keep detailed records of your medical condition. It may be prudent to keep a medical journal to document how you are feeling.
Should the VA decide to reduce your disability and you disagree with the decision, you will have to have the necessary information to fight your case. If the VA sends you a letter notifying you of a possible reduction, you will be asked to attend a re-examination appointment that you should not miss.
You will also want to contact an experienced attorney who can fight for your rights.
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Attorney David Magann is a Marine Corps Veteran with a Criminology Degree from The University of South Florida and a Law Degree from The University of Miami. He will be your advocate working to get the benefits you have earned under the Department of Veterans Affairs.