Can you lose VA disability benefits? The short answer is yes. While many veterans retain their benefits long-term, there are specific situations that can lead to a reduction or termination of VA benefits. Having benefits reduced is much more common than losing them completely. This post explains.
Don’t fight the VA alone
In this article about whether you can lose VA disability benefits:
Can I lose VA disability benefits?
Veterans can lose VA disability benefits after they are awarded. Situations that can cause a veteran to lose some or all of their VA disability benefits include their condition improving significantly, a temporary rating period ending, or filing a fraudulent claim. We explain all these and more below.
Temporary rating
Veterans with total temporary disability have benefits designed to only cover a specific period of time.
For example, veterans can get 100% temporary disability while recovering from a qualifying surgery. This benefit is meant to help during recovery and can last one to three months. If a veteran’s condition is particularly severe, they can request an extension of up to three additional months.
Another example of this is VA ratings for cancer. Most diagnostic criteria for cancers call for veterans to be rated at 100% for six months following the end of treatment. A veteran who goes into remission may see a reduction in benefits.
After a temporary disability rating period ends, the veteran will typically be re-examined and awarded a new rating based on any residuals. Other times, the veteran may heal completely and no longer be eligible for disability benefits for the condition.
VA clear and unmistakable errors
Sometimes, the VA makes what are called clear and unmistakable errors, or CUEs. CUEs are relatively rare but have the ability to dramatically change the outcome of a veteran’s VA disability claim or appeal.
Oftentimes, a CUE can prevent the veteran from getting the benefits they are owed. In other cases, however, a CUE can cause the VA to mistakenly approve a VA disability claim. Examples of this include the VA granting service connection without a nexus or diagnosis being provided.
If the VA realizes it has made a CUE when approving your claim, the agency has the right to revoke your benefits.
Fugitive felon
Veterans will lose their VA disability benefits if they are a fugitive felon who is evading law enforcement or violating conditions of their probation or parole.
Veterans don’t lose VA disability benefits due to incarceration. However, they will have their VA disability payments reduced if they are convicted of a felony and imprisoned for more than 60 days. Veterans rated 20% or more are limited to 10% disability payments while incarcerated for a felony. If their rating is already 10% when incarcerated, they will only receive half.
Once a veteran is released from incarceration or their fugitive felon status is resolved, they are eligible to have their full VA disability restored.
Improved condition
Veterans can lose VA disability benefits or have their monthly compensation reduced if their condition improves significantly.
A reduction in benefits of this nature would typically happen after a re-examination, where the physician determines the medical condition has sustainably changed for the better.
“Periodic future examinations” are scheduled every two to five years. “The purpose of these re-evaluations is to assess the current severity of the disability,” said VA disability lawyer Cecilia Ton. The VA can also suspend benefits if the veteran does not attend a required C&P examination.
It is unlikely a veteran will lose benefits altogether after a re-examination. They have a much greater chance of having benefits decreased if their condition has improved.
Additionally, the longer a veteran has received VA disability for a condition, the more difficult it is for the VA to revoke their benefits for that condition. This is because over time, ratings become protected or stabilized.
Fraudulent claim
If you are caught claiming or attempting to claim VA disability benefits fraudulently, you will lose those benefits. This is regardless of your status before the fraud, including having an otherwise protected rating.
The VA may even choose to take legal action against a veteran who received disability benefits based on false or intentionally misleading information.
Is it common to lose VA disability benefits?
No, it’s not common to lose VA disability benefits once they are granted, and the VA can’t arbitrarily remove a disability rating. Veterans will typically only lose benefits if their temporary condition improves to such a degree it no longer warrants disability, they are a fugitive felon, or they have committed fraud in their VA claim.
Reductions in benefits are more common, but they are less likely if a rating is protected, stabilized, or permanent.
“They made me feel like I was important and that my claim was important. With the VA process as complicated and time-consuming as it is, Woods & Woods was there for me every step of the way. I thank them very much for their hard work and compassion. I could have never done this on my own.”
D.W., Navy veteran from South Carolina
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How Woods & Woods can help
At Woods & Woods, we focus on helping non-working veterans with service-connected conditions get individual unemployability benefits and, in some cases, increased ratings. We also help survivors of veterans receive their DIC benefits. If you think we can help you with your claim, call us today for a free case evaluation. You won’t pay us unless we take and win your case.
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Frequently asked questions
No, drug use doesn’t disqualify you from receiving VA benefits except in rare circumstances where the drug use causes death or injury. You will not lose your benefits for using drugs or alcohol to cope with a physical or mental health concern. You also won’t lose your VA benefits for recreational or medical marijuana use.
Yes, you can lose VA disability benefits after they’ve been awarded. However, this is uncommon. You will typically only lose benefits if your temporary condition improves to such a degree it no longer warrants disability, you are a fugitive felon, the VA has made a CUE on your claim, or you have committed fraud in your VA claim.
Reductions in benefits are more common, but they are less likely if your rating is protected, stabilized, or permanent.
Neil Woods
Neil Woods is a VA disability attorney and the owner and president of Woods & Woods. He received his law degree from Western Michigan University.
