Does A Veteran's Disability Have To Be Service Connected To Get Disability Pay

Did you know that information technology's possible for the Department of Veteran Affairs to reduce your VA disability rating? When the VA gives you a service-continued disability rating, information technology retains the right to reexamine you to determine if your disability is still present and warrants the original rating.

The VA tin can increase, reduce or cease your disability bounty based on its reexamination. Merely, not every veteran'southward inability rating is scheduled for a reexamination, and not every rating will modify.

For example, some service-connected disability ratings are considered protected and volition non be changed.

Veterans with a P&T rating (permanent and total) will normally not be scheduled for a reexamination. The same goes for injuries considered permanent or static. These include injuries that will never change, such every bit a missing limb.

Some medical conditions are not considered permanent and may be subject to reexamination.

Let'due south take a look at VA reexaminations to better understand the details of why, when and how, the VA reexamines inability ratings, and whether or non your rating will be reviewed in the futurity.

If the VA reviews your disability rating ,keep in mind that reviews piece of work both ways. They can increase or decrease your rating, depending on supporting evidence and documentation.

Why the VA Reexamines Veterans with a Service-Connected Disability Rating

Not all medical conditions are permanent. Some injuries heal over fourth dimension. The VA wants to ensure they are compensating you for your injuries at an advisable charge per unit.

When the VA assigns you lot a disability rating, it will also determine if your condition needs to be reexamined in the future. This typically only happens for injuries with a reasonable expectation of improving over time.

When Can the VA Reevaluate, Cease or Lower Your Disability Benefits?

Re-examinations are commonly scheduled within two to v years afterward the initial examinations, or they can take identify any time there is material show of your alter of condition. This could be show that your situation has improved or disappeared.

If you've had a condition for five, 10 or 20 years, certain protections apply.

Protected VA disability ratings

Certain VA inability benefits are considered protected ratings, according to the VA (though others say the term "protected" is a misnomer ).

This is where it helps to find and read the appropriate regulations or find an expert who tin help y'all through the task. Here is a certificate that quotes some of the ratings protections for the 10- and 20-year rules ( Word doc on VA site ).

VA Disability V Year Rule: If the rating has been in effect for five years, it cannot be reduced unless your status has improved on a sustained basis. (The VA must have documentation supporting this is a permanent improvement.)
VA Disability 10 Year Rule: A service-connected disability rating cannot exist terminated if it has been in effect for 10 years. Compensation can be reduced if evidence exists that the condition has improved. The sole exception is if the VA can prove fraud, in which case it tin can finish the benefits.
VA Inability 20 Year Rule: If the rating has been in effect for 20 years, it cannot exist reduced below the lowest rating it has held for the previous 20 years. The only exception is if the VA tin prove fraud.
VA Inability 100% Dominion: The VA must prove your medical state of affairs has materially improved, and as a result, y'all are able to perform substantial work.

What practise these protected ratings mean? If you have had a VA service-connected disability rating for five years or more, the VA must prove your condition has improved on a sustained footing earlier they can reduce or terminate your inability rating.

Later 10 years, the VA tin can only reduce your rating; they cannot terminate it (absent proof of fraud).

After 20 years, your rating cannot be reduced beneath the lowest rating yous have held for the past 20 years.

These distinctions are important considering some ratings tin vary over the years, based on the medical condition.

Let's say you have a knee injury that warrants a xxx% disability rating when you consummate your initial VA evaluation. After 5 years, the VA tin can non reduce this rating below 30% unless they tin can bear witness the injury has healed on a sustained basis. If it has improved to the point it warrants a lower rating or the injury no longer exists, and so the benefit can be reduced or terminated.

Subsequently 10 years, the benefit tin no longer exist terminated, but it can be reduced if the VA tin certificate substantial sustained wellness improvements. After 20 years at that rating, your do good can no longer be reduced below its lowest rating or terminated (unless in that location is proof of fraud).

The 100% rule is much more than difficult to have decreased. The VA must testify your health has materially improved, and you lot are now able to perform substantial piece of work. If all your injuries still exit you lot unemployable, then information technology is unlikely your do good will be reduced.

Near veterans with a 100% rating have one or more major service-connected medical conditions, and possibly additional multiple less-severe injuries. The VA must testify the veteran is able to perform substantial work even with this assortment of medical conditions.

Detect of Reexamination Letter

The VA must send you lot a reexamination alphabetic character before they can change your service-connected disability rating. This letter will detail what will take identify and when.

Y'all have 30 days to asking a hearing if y'all wish to contest the VA decision, and y'all have up to lx days to submit evidence that a reduction in your rating is non warranted.

The find of reexamination should include contact information where you can reschedule your engagement if necessary.

It'southward essential yous nourish your reexamination appointment or work to reschedule it for a better time.

If y'all don't attend the engagement or provide supporting show for your case, the VA tin reduce or terminate your benefits without additional warning.

Reestablishing your rating could take some time, or may be incommunicable, barring a legitimate reason for missing the appointment.

Keep in listen, the VA cannot reduce your service-continued disability rating without beginning sending you detect. Failure to do then should effect in a full reinstatement of your benefits.

When the VA volition not schedule you for a reexamination

The VA will typically not request to reexamine your rating under the following conditions:

you lot are over age 55;
the disability is static (such as a loss of limb);
the disability is considered permanent and is not expected to amend (e.g., incomprehension, deafness);
the disability is already at a minimum rating for that particular inability; or
reducing an individual rating would not touch on the total combined disability rating .

If the VA contacts y'all to reexamine your case and yous meet any of the above criteria, contact them at the phone number listed on your notice of reexamination and explain why yous do not believe you should be reexamined. You lot may be able to have the reexamination canceled.

Reducing your inability rating – VA must testify change in condition

The VA needs to found substantial evidence of a change in condition before any change can occur to your service-connected inability rating. This puts the onus of the work on them. But ,yous still demand to exist proactive to protect your rating and attend your reexamination appointment.

A reexamination is non the end of the earth

A notice of reexamination may effect in an increased disability rating if the situation warrants it. The VA volition non become out of their manner to increase your benefits rating for you.

If the situation is warranted by your test, then they volition increase your inability rating.

Keep this in mind if you are scheduled for a reexamination. Retrieve also that requesting an increase in disability ratings may effect in a decrease if the VA can show your medical condition has improved over time.

I recommend reading this commodity on having your VA disability claim denied to have a better understanding of your options and the appeals process.

Lesser line : A VA disability rating is not always a static rating that will remain unchanged over the course of your lifetime. Your rating may remain unchanged, but information technology could also increase or subtract, depending on circumstances.

If you lot feel in that location is a problem with your rating, it is best to find someone who specializes in VA disability claims and see if you can go them to help yous with your claim.

What To Do If The VA Decreased Your Benefits

If you receive discover that your inability compensation benefits accept been decreased, read the letter of the alphabet to make sure you thoroughly understand VA'due south reasoning behind the rate reduction.

Then, if you even so disagree with the reduction, y'all can file a Notice of Disagreement to kick off the formal entreatment process. You lot accept one year from the date the VA mails your reduction notification to file your notice of disagreement.

You'll use the Notice of Disagreement form to declare what you disagree with and indicate how you'd similar your entreatment to proceed .

On your notice of disagreement form, y'all can asking an opportunity to submit additional testify for consideration, a higher-level review with the existing evidence from your original claim, or a hearing in front of a veterans police judge.

If y'all're going to submit new evidence, get together all relevant paperwork to back up your appeal. Y'all may find it helpful to enlist a lawyer or your own medical professionals to ensure you lot don't miss anything.

If the VA reduced your rating afterward evaluating your inability, you need to provide evidence that proves the severity of your condition and its impact on your daily life. This can include private medical records, your VA wellness record and statements from people close to you.

The VA said the appeals procedure tin can take about five months to a year. If the VA grants your appeal, you'll receive back-pay of your benefits to offset the reduction. If it doesn't, you tin can start over by selecting a different review procedure on your notice of disagreement, or consult a lawyer specializing in veteran disability claims.

Where to Become Help if You Receive a VA Reexamination Detect

Author's Note: I have received many inquiries relating to specific disability ratings and medical conditions. I am not medically trained and I am not authorized to speak on behalf of the VA. And so I'thou not comfortable commenting on specific medical conditions or situations. Please practise not get out personal medical information in the comments department of this site, and please don't ship it via email.

Instead, I recommend contacting a benefits counselor at a veterans' service organisation. Many organizations take trained counselors that offer complimentary veterans' benefits claims assistance . These benefits counselors are able to offering one-on-one assistance and can help you lot review your VA benefits merits. This can be valuable as information technology can help yous avert mutual pitfalls and help your claim be completed more quickly and accurately.

Ryan Guina is The Military Wallet's founder. He is a writer, minor business possessor, and entrepreneur. He served over six years on agile duty in the USAF and is a current member of the Illinois Air National Guard.

Ryan started The Armed services Wallet in 2007 after separating from active duty armed forces service and has been writing well-nigh financial, small business organization, and military benefits topics since and then. He besides writes nigh personal finance and investing at Cash Money Life.

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