Can the VA Reduce Your Disability Benefits? Understanding Your Rights and Protections

The Department of Veterans Affairs (VA) has the power to decrease a veteran’s disability benefits in some cases. However, the VA is under obligation to adhere to certain policies that will make it possible to reduce the costs in question while giving reasonable conditions. There are special provisions regarding rights which vets who face a possible reduction have that protect their ability to do so. For more information on this topic, visit our detailed guide: Can the VA Reduce Your Disability.

Why the VA May Lower Payments

Improved Medical Condition
This is especially so if the veteran has a medical condition that through improvement no longer hampers his functionality to the same severe level as before which makes the VA seek to lower a rating. These reassessments usually occur after the recommended future examination or after reevaluation request from the veteran.
Temporary Ratings
Certain disabilities may be granted a temporary rating if they are known to be a temporary condition that may improve after treatment has been administered. Although sometimes the VA may increase the rating back to its original value after stabilization depending on the current situation.
Errors in the Original Rating
If the VA believes that the initial rating decision was wrong—and this is especially important in cases where the rating was awarded at a level which is higher than justified—it will set a correct evaluation.
Anti Cut Mechanisms / Anti Dilution Provisions
The VA has established protections to prevent unfair reductions:
Stabilized Ratings:
 Moreover, once a disability rating is considered stabilized that means the rating has not changed for five years or more and cannot be lowered unless the evidence demonstrates a significant and continued improvement of the condition.
The 20-Year Rule:
 Veterans whose disability ratings are at least twenty years old cannot have them lowered unless there’s fraud involved.
100% Permanent and Total Ratings: Normally, veterans with the 100% P&T rating cannot have their rating reduced without unmistakable indications of improved condition.
What goes on during a campaign of a proposed reduction?
If the VA decides to propose a reduction, it has to give notice of the proposed change in writing. This notification will also consist of the basis for the reduction, objective evidence explaining it and a chance for the concerned veteran to respond.
The Response Period:
 This proposed reduction also gives the veterans an opportunity to come up with new proof and or even medical records that may influence its decision within a period of 60 days from the date of notification.
Request a Hearing:
He/she/they may request a personal hearing to testify in the decision-making process before the VA at least within 30 days after the decision.
Submit Additional Evidence:
The submission of new medical opinions, reports or other forms of evidence may help to buttress the argument of continuing to deserve the existing rating.

What to Do If the Benefits You Are Entitled to Are Cut

When the VA implements the reduction, the veterans are allowed to appeal to the decision. Some are a Supplemental Claim with new evidence, Higher-Level Review, and an appeal to the Board of Veterans’ Appeals.
While the VA does have the legal right to RE Reduce disability ratings and percentages, they cannot, and they must follow protocol to do so and the veterans have many layers of protection and legal ways to fight and/or appeal an unfair RE Reduction. If you are in front of a proposed reduction, you should spend some time and see a qualified attorney or veterans service officer to have your rights and benefits safeguarded.