VETERANS HELP GROUP

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Can I Lose My VA Disability Benefits?

Getting your disability rating and securing veterans disability benefits can be a rough road. While some conditions are presumed service-connected in some circumstances, it’s often up to you to prove both that you suffer from a disabling condition and that the condition is service-connected. And, you may have to fight for your disability rating to ensure that you get the maximum benefits you’re entitled to.

Once you’ve successfully completed that process, you might hope that the answer was set in stone and you could count on VA disability benefits for the long term. That’s usually true, but there are some exceptions. This page will provide you with basic information about when and why your VA disability benefits can be terminated or reduced. However, general information is no substitute for the assistance of an advocate experienced with veterans disability benefits claims and appeals. 

If you’ve received notice that the VA intends to reduce your disability rating and your benefits, it’s in your best interest to talk with an advocate as soon as possible. This is true whether the proposed termination or reduction is based on medical improvement, allegations of fraud, questions about the original service-connection determination, a change in the law or the way the VA interprets an issue, or any other cause.

Why Would Veterans Disability Benefits Be Terminated? 

The most common reason VA disability benefits might be terminated or reduced is that the disabled veteran got better. While some medical conditions are permanent, that isn’t always the case. For example, a veteran disabled by service-connected cancer might successfully complete treatment and live cancer-free, healthy, and able to work for many years. Or, a new surgery might become available that allows a veteran with a serious spinal injury to regain range of motion.

If the VA believes your condition is of a type that may improve, they will typically schedule you for re-examination at some point between two and five years after your initial determination.. There’s a reason for the five-year timeline that has nothing to do with anticipated recovery: the more time passes, the more difficult it may become to terminate your VA disability benefits or lower your disability rating (and, potentially, your benefits). 

Protections for Veterans Disability Benefits and Disability Ratings

The general rule is that the VA may alter your disability rating at any time the administration can prove that your condition has substantially improved. The VA may also terminate benefits if it determines that your disability isn’t service-connected after all, and was deemed service-connected due to fraud or clear error. 

However, certain classifications and landmarks limit the VA’s options. Here are some of the most common examples of status-related and time-related protections for VA disability ratings: 

Permanent and Total Disability Classification

If the VA rates you permanently totally disabled, that rating is generally permanent. In fact, this classification is so well protected that a few years back, the Department of Veterans Affairs Office of the Inspector General issued a report saying the VA was granting that status too lightly and putting the government on the hook for tens of millions of dollars in improper benefits. 

A veteran with a permanent total disability rating cannot be re-examined and re-evaluated, and the disability rating cannot be reduced. Note, though, that not all total disability ratings are permanent. 

Protected Status after 20 Years

A disabled veteran’s disability rating cannot be reduced after 20 continuous years of eligibility. However, it’s important to note that only the lowest rating within that 20-year period is protected. So, for example, a veteran who had a 60% disability rating for 12 years and then received an increase to 80% for the subsequent eight years would be protected at the 60% rating level.

The one exception to this rule is that disability benefits can be terminated or the disability rating adjusted in cases of fraud.

Protected Status after 10 Years

A service-connection determination that has been in place for 10 years or longer cannot be reversed except on a showing of fraud. 

Protected Status after Five Years

After five years, a VA disability rating is considered stabilized. That means the rating can’t be reduced unless the VA can show sustained improvement over time. 

Exemption from Periodic Reevaluation for Veterans Aged 55 and Older

Once a disabled veteran has reached the age of 55, the VA can no longer schedule reexaminations just to check up on the veteran’s condition. Rather, a reexamination can only be scheduled in unusual circumstances that would warrant seeking updated information, such as when the veteran has completed a course of treatment that may be expected to substantially improve or even eliminate the disability.

Challenging Disability Termination or Reduction in Rating

The most important thing to know about the termination of veterans benefits or a reduction in disability rating that could result in reduced benefits is that the government must comply with certain rules and meet certain standards. Some of those limitations are set forth above, such as the restriction on terminating a service connection after a certain period of time unless the government can show fraud. 

However, there are substantive issues as well. The VA doesn’t get to unilaterally decide that your disability rating should be reduced. Instead–just like when you originally applied–you’ll have the opportunity to submit your own evidence to show why the current rating should be maintained. But, you’ll have to act quickly. 

You’ll typically have 30 days to request a hearing and 60 days to submit additional information. That includes the time you’ll need to assemble any necessary medical information or other relevant information and review the standards and prepare an argument in support of maintaining or increasing your disability rating. 

Veterans Help Group is Here for You

The VA appeals process can be daunting, especially if you’ve received unexpected notice of intent to reduce your rating and have little time to prepare. An experienced advocate can help you understand the process, assemble a strong package of evidence, and argue your case as effectively as possible. To learn more about how we can help, just call (800) 800-3332, or fill out the contact form on this site.