There are several conditions where the Department of Veterans Affairs (VA) will propose a reduction
in a veteran's service-connected a disability rating.
It is very important
for all veterans to know that a proposal is not yet a decision, therefore, veterans have time to challenge the proposal to
reduce their rating and to provide medical evidence as to why a rating should not be reduced at all, or not as much as VA
proposes.
Many
VSOs suggest that veterans not send the “Notice of Disagreement” form to "appeal" the proposal, as a
veteran can only formally disagree with a decision or appeal an actual decision.
If
a veteran asks for a personal hearing within 30 days of notification of a proposal to reduce their rating, the VA will not
reduce the rating until the veteran has a chance to present appropriate evidence.
If the VA continues paying at a veterans’
current rate until a hearing has taken place (if necessary) and the veteran is not successful in convincing the VA not to
reduce their rating, this may create an overpayment that the VA will definitely recoup from the veteran as soon as humanly
possible.
For certain conditions, when a veteran gets a high rating on
a disability, a VA decision letter will oftentimes indicate that "since there is likelihood of improvement, the rating
is not considered permanent and is subject to future review."
This means the VA will contact the veteran at some point in the
future to re-evaluate the status of his/her disability. Disabilities such as Post Traumatic Stress Disorder (PTSD) or migraine
headaches may improve with medication or sit-down talking therapy of some sort and is therefore, oftentimes, subject to future
scrutiny and examination by the VA.
It is very important if a veteran
is service-connected for a condition the VA says is subject to future review that the veteran continues to see a medical provider
to report current symptoms, which will factor into any future evaluation of the particular disability.
Another example of when
VA will propose a reduction is when a veteran is service-connected for a cancer.
When
cancer is present and for a certain time after treatment stops, a veteran will be rated at 100 percent for this disability.
However, if the cancer goes into remission and the veteran is no longer undergoing any treatment such as radiation or chemotherapy,
the VA will rate the veteran on the residuals of the cancer. What does that mean?
For example, if a veteran is service-connected for prostate cancer and was 100 percent during treatment
and for a certain time after the treatment ends and the cancer goes into remission, the VA will propose a reduction to a percentage
that reflects the residuals (side effects) the individual has such as urinary leakage, urinary frequency, erectile dysfunction,
bowel urgency, the use of absorbent materials, and other factors related to treatment.
It
is very important to read the letter and understand what percentage is given for residuals (side effects), and that the veteran
report to his doctor all residuals so when a veteran receives a proposal for a reduction, the veteran will know whether or
not it accurately reflects residual symptoms and if not, have medical evidence to submit to request a higher rating.
Another example of a VA proposed reduction is if the veteran is receiving 100 percent
disability under Individual Unemployability (IU), and the veteran does not return the form the VA sends every year asking
for verification of employment status. If the veteran ignores the “IU
Letter” and does not return the form to the VA, the VA may send the veteran a letter saying they are going to reduce
the current rating to the combined rating held before the veteran was awarded 100 percent under I.U.
The same holds true for letters the VA sends randomly to veterans
receiving additional compensation for dependents (veterans rated at 30 percent or higher). This letter will ask a veteran
to verify there has been no change in their dependent status. If the veteran does not respond, the VA will send a letter saying
they are removing the dependent and that the veteran owes the dependent rate portion of their compensation back to the date
they last had confirmed dependent information.
It is very important for a veteran to always report
any change in dependent status to the VA, such as a divorce, death of a spouse, child who marries, death of a child, etc.
Also, and of great importance, the veteran should always make copies of any documents sent to the VA.
Many veterans have great success in sending documents to the VA with a certified stamp. That will
show proof the VA received or did not receive the veterans’ documents.