Va Rating Reduction
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VA cannot reduce a continuous rating below the original rating level unless they determine the rating was based on fraud.
Va rating reduction. After 20 years your rating cannot be reduced below the lowest rating you have held for the last 20 years. That notice must be specific enough for you to know why your rating is being reduced. The veteran then must be given 60 days to respond before the rating can be reduced. A word of caution however.
For instance before reducing a veterans disability rating the VA is required to send the veteran a notice of proposed reduction. That notice must be specific enough for you to know why your rating is being reduced. After 10 years the VA can only reduce your rating. That rating reduction was from his 1300 per month.
When the VA wants to reduce your rating they must give you notice of the proposed VA rating reduction. Most veterans dont realize this and assume the VA is correct. 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. Then they must give you at least 60 days after the notice to submit evidence showing why it should not be reduced.
The veteran must be given 60 days after the notice to submit evidence to rebut the proposal the 60-day notice requirement is not enforced in cases where the veterans compensation will not be altered as a result of the reduced 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. When the VA determines a rating reduction is proper due process protections apply. They cannot terminate it absent proof of fraud.
Then they must give you at least 60 days after the notice to submit evidence showing why it should not be reduced. These distinctions are important because some ratings can vary over the years based on the medical condition. Why Does VA Reduce Disability Ratings. When the VA wants to reduce your rating they must give you notice of the proposed VA rating reduction.
One veteran recently wrote in on our Facebook group Disabled Veterans Chapter 31 Voc Rehab of their horror of a disability rating reduction. One error that the VA commonly makes is to reduce a 100 rating simply because the VA re-exam determines that the Veterans current symptoms match a lower rating in the Impairment Tables and Diagnostic Codes Schedule of Ratings. For most American that kind of change can result in homelessness and a great deal of stress. Sometimes when you request an increase you will actually end up getting a decrease in benefits.
To request an increased rating after your disability worsens all you need to do is write a letter to the VA regional office stating you believe an increase is needed and providing medical evidence to support an increase. 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 VA must provide prior notice to the veteran of the 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.