You sacrificed a lot to serve your country, including your health. Now, the Veterans’ Affairs benefits you depend on could be reduced – or even ended. It’s understandable to feel nervous about your disability benefits being reduced, and no one understands your anxiety and worries like Gregory M. Rada, Attorney at Law.
The VA can reduce your disability rating if it determines that your disability has gotten less severe over time (and, therefore, you’re able to sustain gainful employment). The agency may take a couple of different approaches to reduce benefits, although a reduced disability rating may not be final. You’ll also receive notification about the reduction and have the right to appeal this decision. An experienced Virginia VA rating reduction lawyer can help guide you through the red tape and paperwork as you try to preserve your benefits. Call Greg today for a free case review.
The VA periodically schedules re-examinations for some disabled veterans receiving benefits. Not all disabilities are subject to these re-examinations. Usually, only disabilities that may potentially become less severe are re-examined.
The exam may evaluate:
The doctor may check other things, too. The goal of the exam is to ensure that only veterans who need benefits receive them. However, if you get a notice of a required re-examination, this doesn’t mean that your benefits will be reduced immediately. You have a right to Due Process—your disability rating won’t be reduced without permitting you a chance to contest the VA’s determination.
Your veterans benefits lawyer can help you draft your appeal and advise you of the right supporting medical records and other documentation you need to support your claim to maintain your rating. An attorney can also present your appeal to the VA and argue on your behalf.
If you attend your re-examination appointment and your disability and symptoms have not changed since your initial diagnosis, then the VA won’t reduce your benefits rating. Even before you go to your re-examination appointment, you may wish to talk to a VA benefits attorney. They may be able to help you manage your exam appropriately and advise you of what kind of supporting documentation may be of benefit to take to the exam.
Your Due Process proceedings start with a notice from the VA that your disability rating will be reduced. You have 60 days from the notice to rebut the rating decrease, including requesting a redetermination hearing. This, however, must be requested within 30 days of the notification. You can see why it’s important to talk to a layer fast.
Do you need help with a VA rating reduction? Our legal team can help you get the full VA benefits you’re entitled to and appeal any rating reduction on your behalf. Gregory M. Rada, Attorney at Law, supports Virginia veterans and works tirelessly to serve those who served our country. Call Greg today for a complimentary case review!
"Greg is an amazing lawyer that you should hire! I wanted someone who was also in the military and could understand how the VA system works to help me win my appeal for my TDIU benefits, and he managed to win my case. Thanks again!"
Pauline O'Connell
