Why did the VA reduce my disability benefits?

Veterans’ Assistance (VA) can reduce veterans disability benefits for a variety of reasons, ranging from incarceration of the veteran to improvement in the condition and level of the veteran’s disability status. In order to understand why your disability benefits were reduced, it’s important to understand what calculations were made and to speak to the VA office near you in order to get all the required information.

In general terms, there are a few main reasons why your disability benefits may be reduced. Chances are your case falls into one of the following situations. 

• Your rating was not protected.

Protected ratings are when the disability of the veteran has remained at a very similar level of severity and need for five years or more. At this point, the disability is considered “stable” and will likely not be reduced by the VA without a complex process of proving that the condition is significantly changed. This would require medical exams and other types of paperwork and documentation, so the veteran would be well aware of the fact that a change may be coming in terms of the amount of his or her benefits.

Unprotected ratings by the VA are when the rating has been in place for less than five years, or when the rating is not 100% (meaning benefits do not provide total support to the veteran). In these cases, the VA can reduce your rating if your condition shows improvement.

• You are sent to jail.

Incarceration of the veteran in question can lead to a benefit reduction, provided the incarceration lasts 60 days or more.

In general, aside from avoiding going to prison, the way to ensure your rates are not reduced is to do what you can to ensure your rating is protected. This means that your condition will have to be considered static and unchanging for a set amount of time, that benefits would have to provide 100% of your support, and that your ability to work and generate income will not change.

Keep in mind that even those with unprotected ratings must be notified by the VA before a reduction takes place, so if your benefits are reduced, you have every right to know beforehand and to be aware of when, how, and by how much the reduction will take place. If you receive such notification, it is likely in your best interests to call a lawyer to help you to protect your benefits.