If the VA recently reduced the rating of your VA disability compensation, call Gregory M. Rada, a top VA rating reduction lawyer Colorado veterans rely on for results. Gregory M. Rada, Attorney at Law offers direct communication with Greg, and no fees unless you win. As a disabled veteran who has experienced the VA disability compensation claims and appeals process firsthand, Greg has the knowledge, experience, and passion to secure benefits you’ve rightfully earned.
After sacrificing your mental and emotional health for the good of our country, you deserve to receive a fair rating for your service-connected disabilities for the rest of your life. Unfortunately, VA rating reductions happen, and oftentimes, the VA will reduce the rating of your disability with little to no explanation as to why.
There are certain protections in place against reductions for ratings that have been in effect for at least 5 years. First, the reduction should not be based on a single C&P examination. Second, VA must make a finding that there has been “sustained improvement.”
VA cannot reduce ratings that have been in effect for 20 years or more unless the original rating was based on fraud.
One would expect that the VA would evaluate the symptoms of your condition, disease, or injury when considering a reduction to a 100% disability rating, although this is not always the case. Material improvement of your condition is the standard that VA will address when considering a reduction to a disability rating of 100%. If you disagree with a recent rating reduction a Colorado VA rating reduction lawyer may be able to help challenge it and restore it.
A rating should not be reduced if you show little signs of improvement — your reexamination must show material improvement in order for a rating reduction to be fairly instated. One way to help protect your rating from reduction would be to obtain a medical opinion from a non-VA doctor stating that your disease, injury, or condition has not improved since receiving the 100% rating.
If you are still physically or mentally incapable of maintaining employment due to a service-connected disability, your current rating can be protected. Veterans who can demonstrate this should be entitled to maintain their 100% payment rate based on proof of their individual unemployability.
As a Colorado VA rating reduction lawyer from Gregory M. Rada, Attorney at Law explains, many veterans get nervous that they could lose their disability benefits at some point in the future. If the VA suspects that your disability may have reduced in severity over the course of time, they may send you a message regarding a rating reduction. Keep in mind that this does not mean that your rating will be automatically reduced, as you will first have the chance to prove that your disability has remained the same. There are many different approaches the VA may take in an effort to reduce your benefits. However, proposing a reduction in your disability rating is not a final decision, as there are some things you can still do to maintain your benefits.
If your disability rating has continued or stabilized at the same level for 5 years or longer, the VA has to show evidence for their records that indicates a likely improvement in your disability. But this means that the medical history for your disability in question has to be considered before a possible rating reduction is enforced. As your VA rating reduction lawyer can review with you, if the VA is not able to show sustained improvement, then it is not permitted to reduce your veteran disability rating. If your disability has shown episodic Improvement or a temporary alleviation of severity, it cannot be reduced unless all the evidence clearly exhibits true improvement.
If you are a veteran with an unprotected disability rating, there is the likelihood that your rating could be reduced. The VA may reduce your rating for any reason. Despite a veteran’s rating not being set for five years or longer, the Court of Appeals for Veterans Claims authorizes the following:
If your veterans disability benefits have been rated at the same level for 20 years or more, the VA cannot reduce it until they can successfully show that the rating was based on fraud to begin with. This is referred to as the 20 year rule, and safeguards veterans from a rating reduction. If the VA considers reducing a 100% rating, they have to determine whether there has been a significant improvement in the mental or physical condition of the veteran. An examination is required for the VA to do this. Furthermore, if a veteran has experienced improvement on a rating scheduler, VA must assess whether they qualify for TDIU (Total Disability Individual Unemployability). This rating is for veterans who are not able to work because of their disability that is related to their time in service.
Greg represents veterans and their family members at every level of the VA benefits adjudication process including the local Regional Office, the Board of Veterans’ Appeals, the Court of Appeals for Veterans’ Claims, and the U.S. Court of Appeals for the Federal Circuit. If you have concerns about your veteran disability rating or benefits, please do not hesitate to contact us.