Va Lowered My Rating

VA cannot reduce a continuous rating below the original rating level unless they determine the rating was based on fraud.

Va lowered my rating. They cannot terminate it absent proof of fraud. The only exception for this rule is if the VA discovers that the rating was based on fraud. After 10 years the VA can only reduce your rating. After 20 years your rating cannot be reduced below the lowest rating you have held for the last 20 years.

In the case of a veteran whose disability has retained a certain level of disability rating for at least twenty years VA may not reduce that rating for anything less than a showing that such rating was based on fraud by the veteran. In many cases the VA is able to reduce a veterans rating and therefore the amount of compensation they receive each month. I am going to give you seven actions you can take to if the VA proposes to reduce your rating. What does this mean.

The VA will review the doctors examination report to determine if your medical condition has improved. The issue was settled by a 2012 decision of the Court of Appeals for Veterans Claims and in general the answer is no. If VA finds that your condition has improved they will likely reduce your disability rating. The 20 Year Rule For VA Disability Ratings If a service-connected VA disability has been continuously rated at or above a certain rating percentage for 20 years or more the VA is prohibited from reducing the rating below that level.

If your disability has been continuously rated at or above a certain rating level for 20 or more years the VA cannot reduce your rating unless it finds the rating was based on fraud. VA Raters May Try to Reduce Your Rating Due to the Medicines You Take. One other type of protected rating is a total or 100 disability rating. For example if a veterans service-connected depression was originally rated at 50 disabling and fluctuated between 50 and 70 over the next 20 years without dipping below 50 VA could not reduce the rating below 50.

The VA will send you a letter explaining that the agency is re-evaluating your disability rating and that you need to go a VA examination. This is a very high standard and its unlikely the rating would get reduced. Prior to the VA reducing your disability rating you will receive a letter from the VA proposing a rating reduction or request you to submit to a reexamination. If the VA temporarily decreases your benefits you can request an increase of your condition worsens again.

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. In addition to the general rating reduction rules VA must provide evidence that your condition has improved such that there has been an observable change in your ability to function under the conditions of daily life. VA must provide an explanation of why they are reasonably certain your condition will continue to show sustained improvement. These distinctions are important because some ratings can vary over the years based on the medical condition.

Today we will look at when the VA is not allowed to reduce a certain rating. The VA may require a veteran who receives service-disabled compensation benefits to be reexamined by a VA physician to verify the current severity of your disability. VA can reduce a total rating that is a rating of 100 only if there is material improvement in the veterans condition. Veterans are paid a set monthly amount that corresponds to their combined disability rating based on VA compensation rates.

It is imperative that you attend this examination. Ratings that have been in effect for 5 years or more. Can the VA consider whether your medications are providing some relief when determining your degree of disability. If you fail to show the VA can reduce or terminate your rating without any additional warning.