Va Disability Reevaluation After 5 Years

The VA will periodically review a disabled Veterans file and order a medical examination to ensure that the Veteran remains disabled and eligible for the benefits he or she is receiving.

Va disability reevaluation after 5 years. They cannot terminate it absent proof of fraud. After 10 years the VA can only reduce your rating. Evidence of Change in Condition. The examination will generally be scheduled five years from the date of the rating decision.

The VA can reduce unprotected ratings which are those that are less than 100 ratings or ratings that have existed for less than 5 years. VA usually makes this determination if they believe your disability can be expected to improve. The 5 year rule applies only to a condition being static and therefore eligible for Permanent status. Evidence of change in condition.

The five-year rule states that the VA cant reduce a veterans disability thats been in place for five years unless the condition improved overtime on a sustained basis. The VA must follow certain procedures in notifying you of the exam and scheduling a pre-reduction hearing. There is a 10 year rule and a 20 year rule. All the medical evidence not just the reexamination report must support the conclusion that your improvement is more than temporary.

If the Veterans Administration decides that your PTSD requires future re-evaluation you will normally be scheduled within 2 to 5 years from the date of their decision to grant disability benefits. The veteran will likely need to present medical evidence to prove the material improvement of their condition. If the VA determines that your disability requires a future reexamination typically the first reexamination will be scheduled two to five years from the date of the decision to grant you benefits. If a disability is static symptoms have persisted without material improvement for 5 or more years a disability from a disease is permanent and not likely to improve a veteran is over 55 years old the disability is rated at the minimal rating level or a combined disability evaluation would not be affected even if a future examination resulted in the reduced evaluation of one or more conditions a future examination will generally not be ordered.

VA can also order a re-examination at any time if there is new relevant medical evidence that your disability has improved. There are five situations in which no reexamination should be scheduled. Types of disabilities subject to reexamination are those that can be expected to improve over time. The first will be six months after your service ends.

The 20 year rule is what will protect his rating if fraud was not involved in obtaining that rating and the 10 year rule for DIC purposes for his spouse. Generally reexaminations are ordered if evidence indicates a change in the disability or the VA thinks the disability is likely to improve. Typically the first re-exam will be scheduled 2-5 years from the date of your first Rating Decision. Rating in Effect Five Years or More.

Any rating that has remained. If you have had the same rating for five or more years the VA cannot reduce your rating unless your condition has improved on a sustained basis. Typically VA will not reevaluate or re-schedule a re-examination for your service-connected disability under the following conditions however there may be exceptions on a case-by-case basis. What the VA Does During A Re-examination for PTSD.

The VA may sometimes reduce your benefits if your disability has materially improved. You have a stabilized rating 5 years or more. You are over the age of 55. The disability is unchanging.

Following initial Department of Veterans Affairs examination or any scheduled future or other examination reexamination if in order will be scheduled within not less than 2 years nor more than 5 years within the judgment of the rating board unless another time period is elsewhere specified.