| Veterans fight for years to get disability compensation | | | | years or more. The VA may not reduce a stabilized |
| benefits for injuries or diseases that result from the | | | | rating unless it can show, after a review of all |
| military service. The fight isn't over when the Veteran | | | | evidence in the Veterans' record (medical, employment, |
| receives compensation, however, as the VA can and | | | | and otherwise) that there is a "sustained improvement" |
| will reduce disability compensation ratings. The purpose | | | | in the disability. |
| of this article is to describe some of the more | | | | 4) 100% Ratings. The VA often reduces 100% ratings |
| common scenarios when the VA can or cannot | | | | because, after a periodic examination, it determines |
| reduce a disability compensation rating. | | | | that the current symptoms match a lower rating level |
| Before discussing the more common scenarios, it is | | | | in the VA Diagnostic Code Schedule of Ratings. This is |
| crucial for the Veteran to act quickly when he or she | | | | a common VA error - Veterans who have their 100% |
| gets the letter that the VA is proposing to reduce their | | | | rating reduced should be sure to challenge the VA. |
| compensation. First, do not miss the pre-reduction | | | | What the VA is supposed to do, before reducing a |
| examination; if you do, the VA can reduce your | | | | 100%, or total, disability rating, is compare the exam |
| monthly compensation on that basis alone. Second, find | | | | granting the 100% evaluation to the recent exam, to |
| aggressive and competent help - a Veteran Service | | | | determine if there has been a "material improvement" |
| Organization or a zealous Veteran's attorney; | | | | in the disability, and a "material improvement" for the |
| reduction cases can be won or lost in the early stages | | | | Veteran under the ordinary conditions of life, while |
| of the pre-reduction process. | | | | working or seeking work. In other words, the VA has |
| Having said that, here are some common scenarios | | | | to not only compare the two exams mentioned above, |
| that can lead to a reduction and the general rules that | | | | but they have to look at the entire history of the |
| allow or don't allow the VA to reduce a Veteran's | | | | Veteran's condition and determine that there has been |
| disability compensation benefits. | | | | a material improvement in the medical condition. |
| 1) Incarceration. The VA can reduce compensation for | | | | 5) Continuous Ratings. When a Veteran's disability has |
| any Veteran who is imprisoned in a local, state or | | | | been rated at (or above) an impairment percentage |
| federal jail or prison for more than 60 days. On the | | | | for more than 20 years, the VA is not lawfully |
| 61st day, the VA can reduce the compensation; | | | | permitted to reduce the rating unless it can show that |
| generally, if the impairment rating was 20% or higher | | | | the rating was procured through fraud. |
| the VA is not required to pay any more than 10% (this | | | | If you get a letter from the VA proposing to reduce |
| amount is the current law, and can be subject to | | | | your hard-earned Veteran Disability Compensation |
| change). | | | | Benefits, do two things: |
| 2) Unprotected Ratings. If the Veteran has an | | | | 1) Don't miss your re-examination appointment at the |
| "unprotected rating" - ratings that are less than 100% | | | | VA Medical Center! |
| or that have been in place for less than 5 years - the | | | | 2) Contact a competent and aggressive Veteran |
| VA can reduce compensation when there is an actual | | | | Service Organization or Veterans' attorney |
| change in the Veteran's disability, in light of both the | | | | immediately after you receive the letter proposing the |
| entire medical history of the disability and in light of the | | | | reduction, or the letter scheduling you for a |
| Veteran's ability to function under the ordinary | | | | pre-reduction medical exam. Often, what is done |
| conditions of life and work. | | | | between this time and the VA Regional Office |
| 3) Stabilized Ratings. A Veteran has a "stabilized | | | | reduction decision can make the difference between |
| rating" if the disability, and the rating evaluation assigned | | | | victory and defeat in appeals down the path. |
| by the VA, have continued at the same level for 5 | | | | |