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.
Cases We Handle
Testimonials
5 stars??? If I could give 10, I would!!! Professional, knowledgeable, caring.... there’s not enough words to describe what an amazing experience I’ve had dealing with them. Highly recommend!!!
- Tanya
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.
TESTIMONIALS
I was at my wits end when I hired [David] to help with my VA appeals. At the time I was unaware that I also qualified for SSDI, which he filed for and won my case fairly quickly. As far as the VA , the process is a lot slower but he got me to the right doctors and had them fill out the proper DBQs, Nexus Letters and IMOs to help win my cases. I went from 40% to 60% , 60% to 80% , and 80% to 100% Permanent and Total. I’m fortunate to have another veteran help me prevail when I was so close to giving up.
- Julio
Finally completed my VA claim after 10 years. It all worked out with Mr. Magann's help! I could have never done it without you and your great staff! Great representation with both my VA and Social Security claim. It helps to have a fellow veteran represent me against the Veterans Administration. Semper Fi!
- Robert
Mr. Magann is a veteran that cares about the well-being of all veterans. And will go the distance for all clients needing help with Social Security claims. I highly recommend if you are in need of an attorney for VA or SSI Benefits.
- George
First off, let me start by saying the level of professionalism from this firm should be the industry standard. Every question I had, from start to finish, was answered in a timely manner, the whole process, from start to finish was transparent and laid out in front of me. David Magann deserves every accolade coming to him now, and in the future. David, my family thanks you from the bottom of our hearts.
- J
David Magann is the real deal. He helped my son with a VA problem going back over ten years and denied by the VA. Thanks.
- Alex