- Rating reductions.
Why can VA do it and what can you do about it?
Hi, I'm Cecilia Santostefano,
a veterans' benefits attorney with Woods and Woods,
an Indiana-based law firm that is dedicated
to assisting veterans and their families nationwide.
It is important to discuss rating reductions
because it often affects how much monthly compensation
a veteran is taking home.
So why can the VA reduce ratings in the first place?
Well, VA recognizes that not all conditions are permanent,
some wax and wane,
meaning that they fluctuate in severity over time.
For example, 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,
VA is not going to compensate that veteran the same
when he has active cancer
as when his cancer is in remission.
For disabilities that VA recognizes are not permanent,
the VA will often order re-examinations of the veteran
between two and five years after the benefit is granted.
The purpose of these re-evaluations
is to assess the current severity of the disability.
Sometimes these re-examinations 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 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 to navigate the tricky system
that the VA has set out.
So 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 that the VA has to follow
in order 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 that they have reviewed
the veteran's entire medical history.
The VA also has to afford the veteran an examination
that is thorough.
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
that is in place 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.
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 at woodslawyers.com.
I'm Cecilia Santostefano, and thank you for watching.
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