Here is the scenario – you have received your disability rating from the U.S. Department of Veterans Affairs (VA) and you are set to receive your compensation – but what happens next? Do you have to continue to file a claim each year? Do you need to be re-evaluated each year for a disability rating? You may ask – does the VA change disability ratings? We can help answer your questions and help you receive the benefits you deserve at VABenefits Attorneys.
Can the VA Reduce Your Disability Rating?
Yes – the Department of Veterans Affairs may reduce your disability rating in instances where your injury, illness or medical condition is expected to improve over time. This falls under what is called the – VA Disability 5 Year Rule – which allows the VA to have your medical condition re-examined within five years when there is an expectation that your condition would significantly improve. Veterans who have a Permanent and Total Rating (P&T) are exempt from this rule. Not all injuries or medical conditions are permanent and this is in place to ensure that veterans are compensated at a correct rate. Injuries or conditions that are considered permanent or static – such as an amputation – are not subject to re-examination.
When Can the VA Re-Evaluate Your Disability?
Unless you are given a Permanent and Total Rating by the Department of Veterans Affairs or your rating is protected – you can expect the VA to schedule a re-examination of your injury or medical condition within two to five years. You will receive a re-examination letter in the mail – which will provide details on your exam. This will determine if your injury, illness or medical condition has improved and the VA may increase, reduce or terminate your disability benefits based on the results of your examination.
What Should You Do if Your VA Disability Rating is Reduced?
Have you received a re-examination letter in the mail? Is your VA disability rating subject to change? When you receive notification of this process, you will have 30 days to request a hearing and contest the re-examination. You will have 60 days to provide evidence that a reduced rating and reduced benefits are unjustified. It is important to attend the re-examination appointment or reschedule it – as the VA can reduce or terminate benefits if you do not attend. VABenefits Attorneys can help you in this situation and we have the experience you need to help you keep your benefits.
READ MORE: What Does 100% VA Disability Mean?
If you are new to the Department of Veterans Affairs disability process and have just received a rating, you may ask – does the VA change disability ratings? The answer is yes – and we can help answer that question and many more here at VABenefits Attorneys. Contact VABenefits Attorneys today for a FREE legal consultation!