Va Reduced My Rating

The 30 rating can potentially be reduced if the VA finds evidence that the condition improved but they cannot reduce the veterans rating below 20 because the 20 rating is protected.

Va reduced my rating. Unless the reexamination report shows material improvement the VA cannot reduce your rating. These distinctions are important because some ratings can vary over the years based on the medical condition. The 20 Year Rule Retroactive Awards. The VA cannot reduce a rating of such conditions based upon the results of one CP evaluation.

After 10 years the VA can only reduce your rating. VA cannot reduce a continuous rating below the original rating level unless they determine the rating was based on fraud. 100 disability rating only if there is material improvement in the veterans condition. However many times a rating is reduced without proper due process or observation of law.

If a veteran has been granted total disability rating through 100 in order to reduce the rating the VA has to decide whether there has been material improvement in the condition. However there are specific rules VA must follow when issuing rating reductions. Without an examination confirming this the VA cannot reduce the veterans rating. If you have a protected rating and your benefits have been reduced you should hire a veterans attorney to help you.

Even in cases where your disability has materially improved your rating can still be protected from reduction if you are unable to work due to your service-connected disability. 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. Can the VA consider whether your medications are providing some relief when determining your degree of disability. Its very difficult for the VA to legitimately change a protected rating so a disability attorney may be able to get your rating reinstated.

VA Rating Reductions Under certain conditions VA may reduce your disability rating. I am going to give you seven actions you can take to if the VA proposes to reduce your rating. Compounding the problem are VA examiner performing inadequate exams and undertrained VA adjudicators. VA can reduce a total rating ie.

Material improvement means that there has been a significant change in the veterans ability to function in daily life. If you can get a private non-VA doctor to give a medical opinion that your medical condition hasnt improved since the 100 rating was instituted or continued this will help protect your rating from reduction. VA can reduce a total PTSD rating ie 100 only if there is material improvement in the veterans condition. The issue was settled by a 2012 decision of the Court of Appeals for Veterans Claims and in general the answer is no.

A proposed rating reduction as well as a final decision must be based on a review of the veterans entire medical history. VA Raters May Try to Reduce Your Rating Due to the Medicines You Take. The VA can and does frequently take action to reduce a rating. If there is doubt as to whether or not a the condition has improved or b the condition would remain improved under the ordinary conditions of life the VA should continue the current rating.

Once a veteran receives a service connection for a condition the VA has to assign a rating and an effective date. After 20 years your rating cannot be reduced below the lowest rating you have held for the last 20 years. 100 Ratings may be reduced if the VA can show that your condition has shown material improvement.