“Hi, I’m Cecilia [Ton], a veterans benefits attorney with Woods and Woods, an Indiana-based law firm dedicated to assisting veterans and their families nationwide. It’s important to discuss rating reductions because it often affects how much monthly compensation a veteran is taking home.”
Why can the VA reduce a veteran’s rating?
“The VA recognizes that not all conditions are permanent, some wax and wane, meaning that they fluctuate in severity over time. An example of this is cancer. At one point in a veteran’s life, he or she might have active cancer that eventually goes into remission. Because this is considered an improvement, the VA is not going to compensate that veteran the same when he has active cancer as when his cancer is in remission.
“For disabilities the VA recognizes are not permanent, the VA will often order reexaminations of the veteran between two and five years after the benefit is granted. The purpose of these reevaluations is to assess the current severity of the disability. Sometimes these reexaminations will suggest that the veteran’s condition has improved and what that triggers the VA to do is propose to reduce the veteran’s rating. This is the most common trigger for the VA to propose to reduce a rating.
“However, sometimes the VA can propose to reduce after a veteran files for an increased rating. Because a veteran’s filings can impact his or her rating and sometimes there’s a risk of reduction, it’s important to reach out to a representative.
“We at Woods and Woods do this every day and would love to assist you as you navigate the tricky system that the VA has set out.”
How does the VA reduce a veteran’s rating?
“Let’s talk about what the VA has to do in order to reduce a veteran’s rating.
“First, the VA has to notify the veteran of their proposal to reduce. Then they allow 60 days for the veteran to respond and often argue and submit evidence against the reduction.
“There are also several rules the VA has to follow to reduce a veteran’s rating, and the longer that rating has been in place, the stricter the rules are for the VA.
“First, the VA has to guarantee they have reviewed the veteran’s entire medical history. The VA also has to afford the veteran a thorough examination. Next, the VA must find an actual change and sustained improvement in the disability. Finally, the VA has to explain that the change in disability reflects material improvement in the veteran’s ability to function under the ordinary conditions of daily life, including at work or socially.
“There are, of course, some exceptions to these general rules. Ratings that have been in place for five years or more are considered to be stabilized or continuous in the VA’s eyes.
“For stabilized ratings, VA must also show that it’s reasonably certain that that material improvement in the veteran’s condition will be sustained over time.
“Additionally, there is a 20-year rule for ratings that have been in place for 20 years or more. For these ratings, VA cannot reduce the rating below the original level unless it finds evidence of fraud. For example, if a veteran is granted service connection for hearing loss in 1985 and he was initially assigned a rating of 20%, but over the next 20 years, his rating has fluctuated between 20% and 50%, the VA will not be able to reduce the veteran’s rating below the initial threshold of 20% unless it finds that there has been fraud involved.”
“From the day we contacted [Woods and Woods], they made us feel so comfortable. They treated us like we mattered and we were not just clients but family.”
L.B., a Navy veteran and wife in Florida
How Woods and Woods can help
“So, what can you do if you receive a proposal to reduce your rating from the VA? You can submit medical evidence or lay evidence explaining why your rating should be continued at the same level it already has been. Navigating a rating reduction can be very difficult for a veteran, but that’s what we’re here for. We would be happy to assist you. Give us a call or check out our website. I’m Cecilia [Ton] and thank you for watching.”
Talk to Us About Your Claim:
(812) 426-7200
Cecilia Ton
VA disability lawyer
Woods and Woods
VA Accreditation Number: 49993
