Va Reduction In Rating

Another way you can become permanent is if a VA reduction would not bring your total combined rating lower than 95.

Va reduction in rating. Most veterans dont realize this and assume the VA is correct. Compounding the problem are VA examiner performing inadequate exams and undertrained VA adjudicators. 000 Introduction040 Why does VA reduce ratings. VA may order a reexamination of a veteran already receiving 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. If VA reduced your rating without telling you in advance that is probably a basis on which to reverse the reduction. When the VA wants to reduce your rating they must give you notice of the proposed VA rating reduction. Then they must give you at least 60 days after the notice to submit evidence showing why it should not be reduced.

My proposed reduction will take place after a final decision once the 60 days has passed. Then they must give you at least 60 days after the notice to submit evidence showing why it should not be reduced. 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. 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.

This notice is not a rating decision. This cut in the VAT rate from the. 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.

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. The VA can and does frequently take action to reduce a rating. The VA cannot reduce such a rating unless all evidence in the record shows sustained improvement of the disability. 0333 Rules VA has to follow when proposing a rating reduction 0608 Wha.

0140 When does VA reduce ratings. The VA is giving me 60 days to submit new evidence. When the VA determines a rating reduction is proper due process protections apply. If the condition is improved VA may propose a reduction in the rating.

That notice must be specific enough for you to know why your rating is being reduced. What does this mean. That notice must be specific enough for you to know why your rating is being reduced. However many times a rating is reduced without proper due process or observation of law.

To initiate a rating reduction VAs first step is to send a notice to the veteran that VA has proposed to reduce his or her rating. Ratings that have been in effect for 5 years or more. I asked my VA therapist to write a letter on my behalf and she said she cannot do that because she works for the VA and its a conflict of interest. Using the VAs lovely math system if you had 100 total and your points came up to a 97 or 98 if they were to take away a 10 or 20 point disability youre still going to be over 95 so it makes no sense to reduce you.

On appeal you have to show entitlement for the 50 to win. In a reduction from 50 to 30 on appeal the VA must show that it met its burden. Sometimes when you request an increase you will actually end up getting a decrease in benefits. You cannot appeal a proposed reduction using a Notice of Disagreement NOD as you would a rating decision.

I am going to give you seven actions you can take to if the VA proposes to reduce your rating. Although generally a rating of 100 cannot be reduced unless the VA finds that your disability has materially improved and your ability to function in your life and work has increased any rating can be reduced for failure to appear at or reschedule a reexamination. When the VA proposes to reduce a Veterans disability compensation it is of the upmost importance that the Veteran act quickly by seeking the services of either an aggressive Veterans Service Organization or an Attorney accredited by the VA. Your rating became stabilized after 5 years and for the VA to reduce it legally they must show sustainable improvement over the normal course of life.

A word of caution however. 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. VA must provide notice to the veteran prior to reducing a rating. If the veteran had a disability rating higher than 20 the VA might lower your disability rating to 10.

When the VA wants to reduce your rating they must give you notice of the proposed VA rating reduction.