When Can the Va sacrifice a Veteran's Disability recompense Benefits?

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Veterans fight for years to get disability recompense benefits for injuries or diseases that supervene from the troops service. The fight isn't over when the Veteran receives compensation, however, as the Va can and will sacrifice disability recompense ratings. The purpose of this narrative is to impart some of the more base scenarios when the Va can or cannot sacrifice a disability recompense rating.

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Before discussing the more base scenarios, it is crucial for the Veteran to act fast when he or she gets the letter that the Va is proposing to sacrifice their compensation. First, do not miss the pre-reduction examination; if you do, the Va can sacrifice your monthly recompense on that basis alone. Second, find aggressive and competent help - a Veteran assistance club or a zealous Veteran's attorney; allowance cases can be won or lost in the early stages of the pre-reduction process.

Having said that, here are some base scenarios that can lead to a allowance and the normal rules that allow or don't allow the Va to sacrifice a Veteran's disability recompense benefits.

1) Incarceration. The Va can sacrifice recompense for any Veteran who is imprisoned in a local, state or federal jail or prison for more than 60 days. On the 61st day, the Va can sacrifice the compensation; generally, if the impairment rating was 20% or higher the Va is not required to pay any more than 10% (this estimate is the current law, and can be subject to change).

2) Unprotected Ratings. If the Veteran has an "unprotected rating" - ratings that are less than 100% or that have been in place for less than 5 years - the Va can sacrifice recompense when there is an actual convert in the Veteran's disability, in light of both the entire medical history of the disability and in light of the Veteran's quality to function under the commonplace conditions of life and work.

3) Stabilized Ratings. A Veteran has a "stabilized rating" if the disability, and the rating evaluation assigned by the Va, have continued at the same level for 5 years or more. The Va may not sacrifice a stabilized rating unless it can show, after a impart of all evidence in the Veterans' narrative (medical, employment, and otherwise) that there is a "sustained improvement" in the disability.

4) 100% Ratings. The Va often reduces 100% ratings because, after a periodic examination, it determines that the current symptoms match a lower rating level in the Va Diagnostic Code program of Ratings. This is a base Va error - Veterans who have their 100% rating reduced should be sure to challenge the Va. What the Va is supposed to do, before reducing a 100%, or total, disability rating, is assess the exam granting the 100% evaluation to the modern exam, to resolve if there has been a "material improvement" in the disability, and a "material improvement" for the Veteran under the commonplace conditions of life, while working or seeking work. In other words, the Va has to not only assess the two exams mentioned above, but they have to look at the entire history of the Veteran's health and resolve that there has been a material correction in the medical condition.

5) Continuous Ratings. When a Veteran's disability has been rated at (or above) an impairment division for more than 20 years, the Va is not lawfully permitted to sacrifice the rating unless it can show that the rating was procured through fraud.

If you get a letter from the Va proposing to sacrifice your hard-earned Veteran Disability recompense Benefits, do two things:

1) Don't miss your re-examination appointment at the Va medical Center!

2) caress a competent and aggressive Veteran assistance club or Veterans' attorney immediately after you receive the letter proposing the reduction, or the letter scheduling you for a pre-reduction medical exam. Often, what is done between this time and the Va Regional Office allowance decision can make the dissimilarity between victory and defeat in appeals down the path.

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