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[Music] six reasons why VA might reduce your disability rating to begin the Department of
Veterans Affairs assigns disability ratings that ensure each veteran is being compensated
for their current level of disability if VA identifies evidence suggesting a
condition has improved or anticipates that that condition May improve over time VA can schedule
a re-evaluation of the veterans condition and potentially reduce their disability rating
it is important to note that veterans have a right to due process and that
VA must consider all previous and new evidence when planning to reduce a rating
the law protects veterans from unjustified rating reductions VA outlines the criteria for reducing
ratings in 38 CFR 3.344 generally a rating reduction must one be based on a review of the
Veteran's entire medical history two VA must show there's been an actual change in the disability
since the last rating decision three VA must show the change in disability reflects a sustained
Improvement in the Veteran's ability to function under the ordinary conditions and stressors of
life and work and four the veteran must undergo a thorough compensation and pension examination
however before reducing a veteran's rating VA must send veterans a letter proposing that reduction of
benefits the following are six reasons why VA May propose to reduce your rating so the first reason
is if VA identifies or receives new evidence such as medical records indicating a change in
the severity of the veterans disabling condition if this happens VA will propose a rating reduction
and schedule an examination to evaluate the veterans current level of disability to see
if a rating reduction is warranted and again as Emma said VA has to show that a condition has
undergone actual sustained functional Improvement under the ordinary conditions of life and work so
this means VA has to look at more than just the objective rating criteria that it would use for
an increased rating claim and the burden is on VA to show that a reduction is warranted a second
reason is VA saw potential for improvement during the initial rating decision and scheduled a future
re-examination if vac's potential for improvement in a veterans condition when initially assigning
disability rating the decision will note the veteran is subject to Future examinations if a
veteran disability is subject to re-evaluation VA May reduce the rating under the second examination
it's important to note that veterans must attend this exam if they wish to preserve their rating
if they do not attend VA probably will reduce their disability rating based on their failure
to extend the exam and the evidence of record another reason why VA might reduce a rating is
in the case of staged ratings so this is where VA changes a disability rating based on the severity
of the condition over a long period of time so Claims can take multiple years to be resolved
so VA will look at the severity of the condition over time and how it may have changed and rate
the condition accordingly so stage ratings can occur where a veteran's condition has worsened or
improved between when they filed the claim and when that claim was finally adjudicated by VA
another time a rating might be reduced and it's a little bit different than a regular reduction is
under temporary ratings veterans who are rendered temporarily incapacitated due to service connected
conditions can qualify for a temporary total VA rating of a hundred percent there are three
types of temporary ratings pre-stabilization hospitalization and convalescence since this
rating is temporary VA will typically schedule an exam to reevaluate the veterans condition
following the temporary total rating based on the results VA will then propose to reduce the
veterans 100 rating to the appropriate disability level relatedly a fifth reason is in a case where
a veteran is service connected for an active cancer and that cancer goes into remission
so veterans who have an active malignant cancer are typically automatically assigned a 100 rating
for as long as that cancer is active and then following the successful completion of treatment
another six months of a total rating and then after this period expires VA will again afford
the veteran and examination to evaluate the status of the cancer and evaluate based on
its residuals so this could lead to a rating reduction it's important to ensure that veterans
are being compensated for all their residuals of their cancer another reason VA May reduce a
veteran's rating is if their condition improves and they're found to be employable so if you are
entitled to tdiu and now are working you might no longer be entitled to that total disability
so VA can only revoke tdiu status if actual employability is established by clear and
convincing evidence in other words VA can only remove tdiu status if a veteran has been found
capable of substantially gainful employment it is important to note that for the employment to be
considered substantially gainful the veteran must be employed for at least 12 consecutive months and
earning over the federal poverty threshold so now that we've gone over some possible reasons
why VA May reduce a veterans disability rating it's really important to mention that VA makes
mistakes and reduces ratings without meeting its burden under the law if this happens to you you
have the ability to challenge the reduction both when it's proposed and then after it's finalized
to challenge a rating reduction you must submit a timely response within va's deadlines veterans
have 60 days from the notification of the pros rating deduction to submit evidence countering the
reduction if they believe it's not warranted and 30 days to request a hearing if a veteran chooses
to request a hearing VA cannot issue a new rating decision until that hearing is held this allows
the veteran additional time to submit new evidence however requesting a hearing is not necessary to
challenge a proposed rating reduction veterans constantly submit new evidence within 60 days
so if after this process VA does issue a final decision that reduces the veterans disability
rating the veteran still has the opportunity to fight the reduction by filing an appeal so you
could request either a higher level review of the claim submit new and relevant evidence with
a supplemental claim appeal or appeal to the board of veterans appeals by filing a notice
of disagreement appealing or reading reduction can be challenging so if VA does unfairly decide
to reduce your rating the experienced team of veterans Advocates at Chisholm Chisholm and
Kilpatrick may be able to help thank you so much for tuning in to this video for more information
on rating reductions and protected disability ratings check out our blog post link below and
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