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Will I Lose My Benefits if My Condition Improves?

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Will I Lose My Benefits if My Condition Improves?

If you are receiving VA disability benefits, you rely on them to support yourself and your family, and the thought of your benefits being reduced or canceled altogether can be stressful. There are situations in which benefits can be lost in relation to health improvements, but this isn’t always the case, and an experienced Illinois veterans benefits attorney can help you protect your benefits in support of your fullest recovery and your best future. 

If Your Condition Is Expected to Improve

If your health condition is expected to improve, the VA has the right to address the issue at a later date – in order to determine if your disability has improved or disappeared entirely over the course of time. While overcoming a disability is naturally a worthy goal, it’s not always a possibility, and small improvements are unlikely to lessen your disability to the degree that you are no longer entitled to benefits. Ultimately, the VA is careful with its benefits to begin with, which means it isn’t likely to assign them when the recipient isn’t fully entitled. 

Reevaluations

If the VA expects your condition to improve with time, they will likely schedule a reevaluation within two to five years of assigning benefits. If your condition has vastly improved or has disappeared entirely, the VA can also reconsider your VA disability rating, which guides your benefits.  

The degree to which your disability affects your quality of life and your ability to function determines your disability rating. And any drastic change, such as a considerable improvement in your condition, can affect your benefits. 

Total and Permanent Disability Ratings

Some service-related disabilities are considered permanent and total, which are never expected to improve. For example, an amputated limb has no chance of improvement, and disability is total and permanent. There are, however, disabilities that can show improvement, and the VA can revisit them at later dates.

When a VA Rating Becomes Permanent

The VA won’t sever benefits for service-related benefits if they’ve been in effect for at least ten years. The only exceptions to this regulation include:

  • If the recipient obtained their VA benefits under fraudulent circumstances 
  • If the recipient was dishonorably discharged from the military 
  • If the recipient didn’t complete their required service

Finally, if there is virtually no chance – or very little chance – that your serious disability is going to improve, its classification as total and permanent means your benefits can’t be reduced or canceled.  

An Experienced Illinois Veterans Benefits Attorney Is on Your Side

James R. Comerford is the Chicago veterans benefit attorney at The Comerford Law Office, and his experience, legal skill, and insight make him a powerful advocate for veterans like you. Your benefits play a profound role in your overall well-being, and we’re prepared to help zealously protect them. If you have questions or concerns about your veteran’s benefits, we encourage you to reach out and contact us for more information about what we can do to help you today.

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