What to Do if the VA Requests a Re-Evaluation of Your Disability Rating
Receiving disability benefits from the VA is a crucial resource for veterans dealing with service-connected disabilities. However, the process doesn’t end once you are awarded benefits. The VA may occasionally request a re-evaluation of your disability rating, which can lead to anxiety and uncertainty. In this blog, we’ll explore why re-evaluations happen, what you should do if the VA requests one, and how you can protect your current benefits.
Why Does the VA Request Re-Evaluations?
The VA may request a re-evaluation of your disability rating for several reasons:
- Improvement in Condition: The VA might believe that your condition has improved over time and no longer warrants the current level of compensation.
- Scheduled Review: Some disabilities are automatically scheduled for periodic reviews, especially if they were initially classified as temporary or if improvement was expected.
- Inconsistencies in Medical Records: The VA may want to clarify or resolve inconsistencies in your medical records, which could trigger a re-evaluation.
Understanding the reason behind the re-evaluation request can help you approach the process more confidently.
Steps to Take When the VA Requests a Re-Evaluation
If you receive a notice for a re-evaluation, it’s essential to follow the proper steps to ensure you maintain your current disability rating or secure an appropriate adjustment if necessary.
1. Respond Promptly
The VA will provide a deadline by which you need to schedule your Compensation and Pension (C&P) exam. Failing to comply with this deadline could result in a reduction or termination of your benefits. Make sure to contact the VA as soon as possible to set up your exam.
2. Gather Updated Medical Records
Before your re-evaluation, it’s crucial to gather any updated medical records that document your current condition. This includes:
- Doctor’s notes
- Test results
- Prescription records
- Treatment plans
Having a comprehensive set of records will help ensure that the VA gets an accurate picture of your condition.
3. Be Honest About Your Condition
During your re-evaluation, be honest and thorough when discussing your condition with the examiner. Do not downplay your symptoms, and make sure to provide specific examples of how your disability impacts your daily life. The goal is to give the VA a full understanding of the severity of your condition.
4. Seek Legal Assistance
Navigating a VA re-evaluation can be stressful, and you might worry about the potential for a reduced rating. Consulting with a VA-accredited attorney can help you prepare for the process and ensure you’re presenting the strongest case possible. An attorney can review your medical records, advise you on your rights, and represent you if needed.
Potential Outcomes of a Re-Evaluation
After the re-evaluation, there are a few potential outcomes that you should be prepared for:
- No Change: The VA might determine that your condition has not changed significantly, and your disability rating will remain the same.
- Increased Rating: If the VA finds that your condition has worsened, you may receive an increase in your disability rating, resulting in higher monthly benefits.
- Reduced Rating: If the VA determines that your condition has improved, your disability rating may be reduced, which could lower your compensation.
- Termination of Benefits: In rare cases, the VA might find that your condition has resolved entirely, leading to the termination of your disability benefits.
Understanding these possibilities can help you prepare emotionally and practically for the outcome.
What to Do If Your Benefits Are Reduced or Terminated
If the VA reduces or terminates your benefits after the re-evaluation, you have the right to appeal the decision. You can file a Notice of Disagreement (NOD) and request a review or submit additional evidence supporting your claim. An experienced VA benefits attorney can guide you through the appeals process and help you fight for the compensation you deserve.
Protect Your VA Disability Benefits
A re-evaluation request from the VA can feel overwhelming, but it’s essential to respond promptly and gather the necessary documentation to support your case. By understanding your rights and preparing effectively, you can protect your VA disability benefits.
If you’ve received a re-evaluation request and need assistance, VA Benefits Attorneys can help. Our team of experienced attorneys specializes in VA disability claims and can provide expert guidance to ensure your rights are protected. Contact us today to get the help you need!
