Does the VA use the results of a reexamination to reduce my rating?

If you return from military duty with a service-connected disability, disease, or illness, you may be awarded disability benefits from the United States Department of Veterans Affairs (VA). But even though you may receive this financial support initially, the VA is allowed to reassess your claim to Red Results Stampreduce or increase your rating at any time.

Generally, a veteran will not be asked to report for a reexamination if he has an unchanging disability such as a missing foot or hand, a permanent type of disability such as hearing loss or blindness, is over the age of 55, or already has the lowest possible rating given for that disability.  Additionally, there are ratings considered “protected,” and veterans with those ratings will usually not be requested to take a reexamination.

Most often, the VA will request a reexamination if the agency believes your disability or condition is likely to improve with time. If the VA makes this request, it usually gets scheduled two to five years from when you first received benefits for your disability. Because you want to understand the nature of the exam and how the VA will evaluate your condition, it’s helpful to hire an experienced disability lawyer, especially if the VA reduces your rating after receiving your results.

The Results of a Reexamination and How They’re Used

It’s important that if you’re scheduled for a reexamination, you show up for the appointment. If you fail to appear without a good reason, the VA can terminate your disability benefits. This appointment can be a medical exam, or the request could require that you spend time in the hospital for observation. The VA can request either in order to assess your condition and its severity.

Typically, if you’re scheduled for a reexam, it means the VA has evidence or some type of medical report that indicates your award benefits should not continue at the current rate. It’s possible that conditions change over time, and disabilities aren’t always permanent. Even if your condition improves only temporarily, the VA can reduce your rating during the time you’re feeling better. If your disability worsens after the VA reduces your rating, you can request that it and your benefits be reinstated at their original level. It’s the job of the VA to ensure that all veterans are compensated for their injuries accurately and with the proper rating.

When You Do Not Have a Protected Rating

If your rating does not fall under the “protected” category, the VA can reduce your rating after a reexamination if:

  • Your disability has improved
  • The improvement increases your ability to live and function normally in your life and at your job
  • The report results for your reexamination are thorough
  • The complete medical history of your condition, disability, or illness has been evaluated

Additionally, the VA can reduce your benefits temporarily if you are arrested and go to jail.

Reexamination Outcomes

There are generally three possible outcomes of a reexamination. The VA can find that your condition has deteriorated. If this happens, your rating may be increased. The VA can also determine that there’s no change in your condition. In this situation, nothing changes and your ratings won’t be reduced. But the VA may also find that your condition has improved. If the VA receives medical reports or evidence from your reexamination that proves your disability or condition has improved, gone into remission, or disappeared entirely, your rating may be reduced.  

We Can Help You With Your VA Reexamination

Before the VA can make any changes to your rating or benefits, the agency must send a notice letter to you requesting that you appear for a reexamination. Cuddigan Law understands the process for responding to this letter and how to submit the proper medical evidence to keep your current rating status. Contact us at (402) 933-5405 to schedule a consultation to discuss your specific situation.

 

Sean D. Cuddigan
SSA and VA Disability Attorney in Omaha, Nebraska