Can the VA reduce my disability benefits?

Veterans Affairs may reduce a veteran's disability compensation ratings for a number of reasons. The following are the more common reasons why benefits are reduced:

1) Jail or Prison.

The VA may reduce disability benefits when a veteran is incarcerated in a local, state or federal jail or prison for more than 60 days. For example on day 61, if the veteran received 20% benefits before jail, the VA can reduce the benefits to 10%.

2) Unprotected Ratings.  

An "unprotected rating" is when the veteran's benefits are under 100% or have not been stabilized (i.e, the benefits are in effect for less than 5 years).  In this case, the VA can reduce an unprotected rating only if, after considering the veteran's medical and work history, they determine that there is significant improvement in the veteran's.

3) Stabilized Ratings.

A "stabilized rating" occurs when the veteran's disability and assigned rating has continued for 5 or more years at the same level. The VA may not reduce a stabilized rating unless it can show that there is a "sustained improvement" in the veteran's disability.

4) 100% Ratings.  

The VA can only reduce a 100% rating (which is total impairment) if medical records and other evidence shows there is a "material improvement" in the veteran's condition.

5) Continuous Rating.

A "continuous rating" is where the Veteran's has received benefits at, or above, a certain percentage for 20 years or more.  In this case the VA may not legally reduce the rating unless the VA can show evidence of fraud.

What to Do if the VA Reduces Your Benefits

The VA will send you a letter notifying you that they are proposing to reduce your disability benefits. When you receive this letter you should do the following:

1) Look for any information regarding a scheduled re-examination appointment; you should attend this meeting.

2) Find an attorney experienced with veteran benefits to advocate on your behalf.