Understanding VA Re-Evaluations: What Happens When Your 100% P&T Rating Is Challenged
In the veterans community, one of the most anxiety-inducing events is being notified by the VA that your disability rating is under re-evaluation—especially when you’re already rated at 100% Permanent and Total (P&T). In this article, we break down a real situation shared by a veteran and explain what prompts these re-evaluations, what protections really exist, and what you can do if you find yourself in the same position.
What Triggers a Re-Evaluation?
First, let’s clear up a common misconception: the VA does not randomly re-evaluate disability ratings. A re-evaluation generally only occurs if the VA believes your overall rating could be lowered. Simply put, they don’t initiate these reviews unless there’s a possibility of a downgrade.
In a recent video clip, a female veteran shared that she received a call from the VA—her first such contact since being awarded her P&T rating—indicating her claim was under review. She expressed frustration and disbelief, a sentiment many veterans can relate to.
Now, while we don’t have access to her specific VA decision letter, the situation is familiar enough to analyze based on patterns we’ve seen in the community. The most common cause for this type of re-evaluation is a veteran submitting new claims after receiving a 100% P&T rating. Veterans sometimes refer to this as “poking the bear.” While submitting new claims might be necessary, doing so while already at 100% P&T can give the VA an opportunity to reassess everything.
Other Reasons for Re-Evaluation
Less commonly, the VA may discover an administrative or procedural error in the original rating decision. For example, a quality assurance review might uncover a mistake in a C&P exam or rating determination. This can result in a revised—and sometimes reduced—rating.
Another possible reason could be significant improvement in your condition, especially if you’re actively receiving VA healthcare. But this would typically require a documented history of improvement—not just one positive appointment. The VA needs consistent medical evidence to justify a downgrade, especially for conditions marked as “static.”
Static Ratings and Misunderstood Protections
It’s important to understand that a P&T rating is not in itself a legal protection. Veterans often believe that a “Permanent and Total” designation shields them from any re-evaluation—but that’s not the case. The real protections are based on time:
- 10-Year Rule: Protects your service connection from being severed after 10 years, except in cases of fraud.
- 20-Year Rule: After 20 years, the VA cannot reduce a rating below the level it has been for those 20 years, again barring fraud.
These protections apply to individual conditions and are not determined by the P&T status alone.
Case Example: Spinal and Nerve Ratings
The veteran in question later clarified that her 100% rating is based on spinal and nerve conditions, not PTSD. She referenced nerve damage extending from the top of her head down through her limbs. This likely includes ratings for cervical and thoracic spine issues, radiculopathy in both arms and legs, and chronic pain—conditions that, combined, may meet or exceed the threshold for 100% when using the VA’s complex math.
However, if the VA decides to re-evaluate her spinal or nerve conditions, and finds evidence of improvement, her overall rating could indeed be reduced. That’s why understanding your ratings—and how to protect them—is so crucial.
What You Should Do If the VA Re-Evaluates You
If you receive notice of a proposed reduction, act immediately. Here’s what you need to do:
- Appeal the Decision: File a Notice of Disagreement to initiate the appeals process. This stops the rating reduction from becoming final while under review.
- Gather Medical Evidence: Strong, recent medical documentation is the most effective defense. This can include VA records, private treatment notes, or a Disability Benefits Questionnaire (DBQ).
- Consider a Private DBQ: While it may cost money, a DBQ completed by a private provider can offer a detailed, favorable snapshot of your condition. If finances are a concern, ask your VA provider if they’re willing to complete one for you.
Final Thoughts
This scenario is not uncommon. Veterans rated at 100% P&T must be vigilant when submitting new claims or engaging with the VA. Re-evaluations do happen—but with preparation, the right documentation, and timely appeals, your rating can often be preserved.
Let us know your experiences in the comments below. Have you faced a similar situation? What steps did you take?
