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Can the VA Reverse a Disability Rating?

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Can the VA Reverse a Disability Rating?

When the VA assigns a disability rating to a veteran, it retains the right to re-evaluate the veteran at any time and adjust their disability rating accordingly. However, not every veteran’s disability rating will be scheduled for readjustment and not every veteran whose disability rating is scheduled for readjustment will actually have their disability rating adjusted.

Some service-related disabilities can never be readjusted. These are known as P&T (permanent and total) disabilities. These are disabilities that are permanent and qualify the veteran for maximum (TDIU) benefits. Other medical conditions may not be considered permanent and are thus eligible for reconsideration.

Understanding VA reratings

While some disabilities will never improve, such as the loss of a limb, others can heal over time. In those cases, the VA will ask to evaluate the veteran to see if their condition has improved during their benefits period. These evaluations generally take place every two to five years. However, if there is a major change in your status due to a recent improvement, the VA can ask to evaluate you. 

Rules for VA disability reratings

Once you are on VA disability, it is more difficult to kick you off or have you rerated. This is especially true if you have been at your current rating for more than five years. 

Once you have been at your current rating for more than five years, the VA must be able to establish using medical documentation that your condition has steadily improved and you are now able to work. Once you have been at your current rating for 10 years, your disability payments can never be revoked. They can, however, be reduced if the VA can prove steady improvement. After 20 years, your disability rating can never be reduced past the lowest point it was assigned in the last 20 years. If you have been rated 100% disabled, the VA must prove that you can now perform work after substantial improvement in your condition.

I just got a reexamination letter!

Do not fret! You will receive a notice of reexamination in the mail which will detail where and when you are required to be for your next examination. If the VA decides to reduce your disability rating or cancel your benefits, you will have 30 days to request a hearing and 60 days to provide contrary evidence. Nonetheless, you CANNOT MISS THIS APPOINTMENT. If you have any concerns, you can discuss the matter with a Chicago VA disability attorney and we can help you prepare for the examination. Once you turn 55, you will likely not have to deal with reexamination hearings. 

Talk to a Chicago Veterans’ Benefits Attorney Today

The Comerford Law Office, LLC represents the interests of America’s veterans in VA disability claims. Call today to schedule an appointment and we can discuss how to prove your claim today.

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