Va Health

Veterans fight for years to get disability compensation benefits for injuries or diseases that result from the military service. The fight isn't over when the Veteran receives compensation, however, as the VA can and will reduce disability compensation ratings.

The purpose of this article is to describe some of the more common scenarios when the VA can or cannot reduce a disability compensation rating.

Before discussing the more common scenarios, it is crucial for the Veteran to act quickly when he or she gets the letter that the VA is proposing to reduce their compensation. First, do not miss the pre-reduction examination; if you do, the VA can reduce your monthly compensation on that basis alone.

Second, find aggressive and competent help - a Veteran Service Organization or a zealous Veteran's attorney; reduction cases can be won or lost in the early stages of the pre-reduction process.

Having said that, here are some common scenarios that can lead to a reduction and the general rules that allow or don't allow the VA to reduce a Veteran's disability compensation benefits.

1) Incarceration. The VA can reduce compensation for any Veteran who is imprisoned in a local, state or federal jail or prison for more than 60 days. On the 61st day, the VA can reduce the compensation; generally, if the impairment rating was 20% or higher the VA is not required to pay any more than 10% (this amount is the current law, and can be subject to change).

2) Unprotected Ratings. If the Veteran has an "unprotected rating" - ratings that are less than 100% or that have been in place for less than 5 years - the VA can reduce compensation when there is an actual change in the Veteran's disability, in light of both the entire medical history of the disability and in light of the Veteran's ability to function under the ordinary conditions of life and work.

3) Stabilized Ratings. A Veteran has a "stabilized rating" if the disability, and the rating evaluation assigned by the VA, have continued at the same level for 5 years or more. The VA may not reduce a stabilized rating unless it can show, after a review of all evidence in the Veterans' record (medical, employment, and otherwise) that there is a "sustained improvement" in the disability.

4) 100% Ratings. The VA often reduces 100% ratings because, after a periodic examination, it determines that the current symptoms match a lower rating level in the VA Diagnostic Code Schedule of Ratings. This is a common VA error - Veterans who have their 100% rating reduced should be sure to challenge the VA.

What the VA is supposed to do, before reducing a 100%, or total, disability rating, is compare the exam granting the 100% evaluation to the recent exam, to determine if there has been a "material improvement" in the disability, and a "material improvement" for the Veteran under the ordinary conditions of life, while working or seeking work.

In other words, the VA has to not only compare the two exams mentioned above, but they have to look at the entire history of the Veteran's condition and determine that there has been a material improvement in the medical condition.

5) Continuous Ratings. When a Veteran's disability has been rated at (or above) an impairment percentage for more than 20 years, the VA is not lawfully permitted to reduce the rating unless it can show that the rating was procured through fraud.

If you get a letter from the VA proposing to reduce your hard-earned Veteran Disability Compensation Benefits, do two things:

1) Don't miss your re-examination appointment at the VA Medical Center!

2) Contact a competent and aggressive Veteran Service Organization or Veterans' attorney immediately after you receive the letter proposing the reduction, or the letter scheduling you for a pre-reduction medical exam. Often, what is done between this time and the VA Regional Office reduction decision can make the difference between victory and defeat in appeals down the path.

If you are a U.S. Veteran, and have questions about your Veterans Disability Compensation Benefits, contact an aggressive Veteran's advocate & attorney.

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