Can the VA Reduce Your Disability Benefits?

Posted by Berry Law on September 4, 2024 in Veterans Disability

Veterans’ benefits may be subject to reduction if their disabilities improve over time or if their circumstances change. Contrary to common belief, not all disability benefits are permanent. Instead, for many Veterans, receiving a disability rating and benefit checks from the Department of Veterans Affairs (VA) is not the end of their journey, but just the beginning of a frequently changing process. 

An experienced Massachusetts VA disability benefits lawyer understands VA disability benefit reductions, the reevaluation process, and options for Veterans facing potential benefit cuts. An attorney can be an advocate to fight for compensation earned through dedicated military service and help preserve benefits.

 

What May Lead the VA to Reduce Veterans Disability Benefits?

The VA has the authority to reduce a Veteran’s benefits under specific circumstances. The VA’s regulations specify when and how  benefit reductions may occur in the following situations:

• Scheduled Reexaminations: When benefits are initially awarded, the VA may schedule a future date for reexamination if the Veteran’s condition is expected to improve.
• Periodic Reviews: The VA may send a notice of reexamination at predetermined intervals, typically two to five years after initial examinations or when there’s evidence of a change in the medical condition.
• Unprotected Ratings: The VA may reduce a rating that doesn’t have statutory and regulatory protections if there is an improvement in the disability and the Veteran’s ability to function under ordinary life and work conditions.
• Stabilized Ratings: A stabilized rating can only be reduced if the VA can demonstrate sustained improvement in the medical condition through a comprehensive review of medical, employment, and treatment records.
• Total Impairment Ratings: For Veterans with a 100% or total impairment rating, benefits can only be reduced if there’s material improvement in their condition.
• Continuous Ratings: If a Veteran has held the same rating for 20 or more years (a continuous rating), benefits cannot be reduced unless obtained through fraud.
• Long-term Ratings: For ratings held for five or more years, the VA cannot reduce benefits unless the condition has shown sustained improvement.
• Legal Issues: Benefits may be reduced if a Veteran is arrested and spends more than 60 days in jail or is considered a fugitive felon. 

Let’s take a closer look at some of these circumstances and help determine if the VA can reduce Veterans disability benefits.

Unprotected Ratings vs. Stabilized Ratings

Unprotected Ratings

Unprotected ratings are ratings that do not fall under statutory or regulatory protections to prevent benefit. These are typically newer disability ratings that have not been in effect long enough to gain certain protections under VA regulations. These ratings are more susceptible to reductions if the VA determines there has been an improvement in the Veteran’s condition. Key points about unprotected ratings:

• This term generally applies to ratings in effect for less than five years.
• The VA has more flexibility to reduce these ratings.
• The VA must show an improvement in the Veteran’s disability and in their ability to function under ordinary conditions of life and work.
• A single reexamination showing improvement may be sufficient for the VA to propose a rating reduction.

Stabilized Ratings

Stabilized ratings, as defined by VA regulations, are disability ratings that have been continuously in effect for five years or more. These ratings have additional protections that make them more difficult for the VA to reduce. Key points about stabilized ratings:

• This term applies to ratings that have been in effect for five years or more.
• They have greater protection against reductions.
• The VA must show sustained improvement in the Veteran’s condition to justify a reduction.
• The VA must review the entire medical history of the Veteran’s disability.
• A single reexamination is generally not sufficient to reduce a stabilized rating. 

Burden of Proof for stabilized ratings vs unprotected ratings 

The primary difference between these two types of ratings lies in the burden of proof required for the VA to reduce the rating. For unprotected ratings, the VA needs to show:

• An improvement in the disability.
• An improvement in the Veteran’s ability to function in ordinary life and work conditions. 

For stabilized ratings, the VA needs to demonstrate:

• Sustained improvement in the medical condition.
• Improvement under the ordinary conditions of life and work.
• That the improvement is reasonably certain to continue under the ordinary conditions of life. 

These distinctions affect the level of protection a Veteran’s disability rating has against potential reductions. Veterans with stabilized ratings have more safeguards in place, requiring the VA to present more comprehensive evidence of long-term improvement before proposing a reduction. 

Veterans should keep track of how long they’ve held their disability ratings, as crossing the five-year threshold can provide additional security for their benefits. However, regardless of the rating type, Veterans should always be prepared to provide updated medical evidence and documentation if the VA proposes a reexamination or reduction.

Total Impairment Ratings (100% Disability)

A permanent and total (P&T) rating, also known as a 100% disability rating, is the highest rating the VA can assign to a Veteran’s service-connected disability. This rating indicates that the Veteran’s condition is severe enough to completely impair their ability to work and function in daily life. 

Key aspects of total and permanent disability benefits include:

• Significance: A 100% rating represents the most serious level of disability recognized by the VA.
• Compensation: Veterans with this rating receive the maximum monthly compensation for their disability.
• Additional Benefits: Often, a 100% rating qualifies Veterans for extra benefits, such as healthcare for dependents, dependents educational assistance, or, in some situations, special monthly compensation.

Material Improvement

For Veterans with a 100% rating, the VA can only reduce benefits if there’s material improvement in their condition. This standard is more stringent than the improvement required for lower ratings. Material improvement means a significant, substantial betterment of the Veteran’s condition, not just a minor or temporary change. 

The responsibility lies with the VA to prove material improvement, not with the Veteran to prove continued disability. Often, the VA requires more than one examination over time to confirm sustained improvement. The VA must also consider all medical and lay evidence in the Veteran’s file. 

Due Process

Veterans are entitled to due process for any changes to theirrating, including proper notice and opportunity to respond before any reduction takes effect. The VA must follow strict regulatory procedures when proposing to reduce any rating that changes the monthly compensation a veteran receives.

The VA Scheduled Reevaluation Process

The VA uses scheduled reexaminations to reassess Veterans’ service-connected disability ratings. These reevaluations are typically scheduled for conditions expected to improve or those considered temporary. Most reexaminations occur two to five years from the initial disability rating assignment.

Contact Berry Law to Advocate VA Disability Appeals

Veterans facing a reduction in benefits need not navigate this challenging process alone. Berry Law, a firm dedicated to serving Veterans, stands ready to assist. With a team of attorneys who are themselves Veterans, Berry Law brings a unique understanding of the challenges faced by those who have served our country. 

The lawyers at Berry Law have firsthand experience with military service, giving them invaluable insight into the physical and mental toll of military life. This perspective allows them to approach each case with empathy and a deep understanding of the VA claims process. They recognize the significance of disability benefits in a Veteran’s life and are committed to fighting for the compensation Veterans have rightfully earned.

Berry Law’s attorneys can provide strategic guidance throughout the appeals process. They can help Veterans gather and present the most persuasive medical evidence, prepare for hearings, and articulate their case in terms that align with VA criteria. This can be crucial in challenging VA decisions and securing the best possible outcome for Veterans.The experienced VA disability benefits lawyers at Berry Law work with Veterans in all 50 states and are available 24/7. Call 888-883-2483 or fill out our online contact form for a free confidential consultation.