Proposed VA Rating Reductions: Know Your Rights and How to Prevent Reduction

 Posted on July 01, 2025 in Uncategorized

Veterans who receive Department of Veterans Affairs (VA) disability compensation often feel anxious at the prospect of a proposed rating reduction. A letter from the VA proposing to lower or eliminate a service-connected disability rating can be deeply unsettling, threatening not only financial stability but also the acknowledgement of a veteran’s sacrifices. However, understanding how VA rating reductions work, your due process rights, and the essential legal protections in place can empower you to respond effectively and safeguard the benefits you’ve earned.

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How VA Disability Rating Reductions Happen

A VA disability rating reduction can be triggered in several common scenarios:

• Scheduled Reevaluation: For conditions expected to improve—such as cancers after treatment—the VA may schedule exams six months to a year after therapy. Missing these exams usually results in an automatic reduction, so attending is critical, even if you believe the reevaluation is unnecessary.

• Requesting an Increased Rating: Applying for an increased disability rating (for example, trying to raise a PTSD rating from 50% to 70%) opens your condition to full VA review. If the examination or examiner’s report suggests improvement, the VA may propose reducing your rating instead.

• Applying for Individual Unemployability (TDIU): Filing for unemployability (Form 21-8940) means all your service-connected conditions can be reevaluated, sometimes prompting the VA to propose a reduction if evidence suggests improvement.

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Key Protections Against VA Rating Reductions

Federal law and VA policy set strict rules before a disability rating can be reduced:

1. Due Process Rights: Except in rare cases where the overall combined rating is unchanged, the VA must send written notice of any proposed reduction. Veterans have 60 days to submit new evidence or arguments and 30 days to request a predetermination hearing. Exercising the right to a hearing can delay implementation and provide an opportunity to explain why a reduction isn't warranted.

2. Burden of Proof—Establishing Improvement: The VA must show, by a "preponderance of the evidence" (more than 50%), that your condition has substantially improved. This isn’t limited to a single exam—a thorough review of your medical history, treatment records, personal and buddy statements is required.

3. Entire Disability History Considered: Reductions can’t be based solely on one exam or fleeting improvement. The VA must consider if improvement is both sustained and reflected in ordinary life and work. For fluctuating conditions, temporary or occasional improvement is NOT a valid reason for reduction.

4. Requirements by Time Rated:

   • Ratings in Place <5 Years: The VA must show actual, material change—not just a one-off good day or difference in examiner opinion.

   • Ratings in Place 5+ Years: Evidence of sustained, ongoing improvement is necessary.

   • Ratings in Place 20+ Years: The rating generally cannot be reduced below its lowest level in those 20 years, unless fraud is proven.

5. 100% Ratings: The VA cannot lower a 100% rating unless material, significant improvement is demonstrated—not just marginal or situational betterment.

What to Do if You Receive a VA Reduction Proposal

• Attend All Scheduled Exams: Even if you believe the exam unnecessary, skipping it risks automatic reduction.

• Request a Predetermination Hearing: Promptly submit a written request—this not only delays action but gives you a platform to present additional evidence.

• Submit Supporting Evidence: Provide detailed statements documenting your symptoms, medical evidence of ongoing impairment, and buddy statements highlighting continued functional difficulty.

• Examine the VA Exam Report: Always obtain and review your Compensation & Pension (C&P) exam. If the report is incomplete or inaccurate, address those errors in your response.

• Appeal if Necessary: If a reduction is implemented, you can appeal through Higher-Level Review, Supplemental Claim, or the Board of Veterans’ Appeals.

Conclusion: Being Proactive Safeguards Your Benefits

Receiving a VA proposal to reduce your disability rating can feel threatening—but knowing the rules, your protections, and how to respond is essential. The VA has strict legal requirements before making a reduction, and veterans who are proactive—attending exams, requesting hearings, and submitting strong evidence—often avoid unwarranted cuts. If you need assistance, consulting with a VA-accredited representative or attorney can further bolster your response and ensure your rights are fully upheld.

For more guidance on VA disability ratings, reduction protection, and appeals, explore our comprehensive resources designed to help every veteran secure the benefits they’ve earned. Schedule a free consultation with our team, who can answer your questions - https://calendly.com/vetlawoffice