How to Successfully Contest a Proposed VA Disability Rating Reduction

Receiving a proposed VA disability rating reduction can be a daunting experience for veterans. However, with the right approach and timely action, you can effectively challenge the reduction and protect your benefits. This article outlines the steps to fight a proposed rating reduction, explains key VA rules, and offers practical advice for maintaining your disability rating.

Understanding a Proposed VA Disability Rating Reduction

A proposed rating reduction occurs when the Department of Veterans Affairs (VA) believes there is medical evidence suggesting that your disability has improved. To counter this, you must provide positive medical evidence that demonstrates your condition has not materially improved and continues to warrant your current rating.

Key Action: Obtain a Disability Benefits Questionnaire (DBQ) from a qualified medical professional who can attest that your condition remains unchanged or has worsened. For example, if the VA claims your knee condition has improved, a doctor’s DBQ stating “the knee condition is unchanged” can be critical evidence.

Steps to Fight a Proposed Rating Reduction

Act Quickly: The VA typically provides a 60-day window to respond to a proposed reduction. This timeline is short, so prompt action is essential. Requesting a hearing can extend this period, but you must still prepare your evidence.
Gather Positive Medical Evidence: Submit medical records, DBQs, or other documentation that supports the severity of your disability. This evidence should counter any negative medical findings cited by the VA.
Review Your VA Claims File: Obtain your VA claims file to understand the evidence the VA is using against you. This file may also include your rating code sheet, which indicates whether your disability is static or scheduled for a routine future examination (RFE).
Consult a Veterans Service Officer (VSO): A VSO can provide expert guidance on navigating the appeals process and submitting a compelling response to the VA.

Key VA Rules Governing Disability Ratings

Understanding the VA’s rules can help you better prepare for and respond to a proposed rating reduction. Below are the primary rules that apply:

What Is a Static Disability?

A static disability is considered permanent due to its nature, history, and severity. These disabilities are assigned a permanent evaluation and do not require routine future examinations (RFEs) to assess improvement. If your rating code sheet lists your disability as “static” with no RFE scheduled, your rating is less likely to be re-evaluated.

What Is a Permanent Disability?

A permanent disability is one where medical evidence indicates the level of impairment will persist for the veteran’s lifetime. This means the disability is unlikely to show material improvement over time, a key factor in VA evaluations.

The VA 5-Year Rule

The VA 5-year rule allows the VA to re-evaluate a disability rating within five years of the initial examination if the condition is expected to improve. However, after five years, re-evaluations are less common unless significant medical evidence shows improvement.

The VA 10-Year Rule

Under the VA 10-year rule, the VA cannot eliminate a disability rating that has been in place for 10 years or more, though it can reduce the rating if medical evidence shows improvement. For example, a 50% rating for migraines may be reduced to 0%, but the service connection remains intact. An exception exists if the VA determines the original rating was based on fraud, which could lead to the rating being revoked entirely.

The VA 20-Year Rule

After 20 years, a disability rating is generally protected from reduction, regardless of improvement, unless fraud is involved. This is the most secure milestone for veterans, allowing them to pursue additional claims, such as Special Monthly Compensation (SMC), without risking their existing rating.

The VA 55-Year-Old Rule

The VA’s 55-year-old “rule” is a policy, not a law, suggesting that veterans aged 55 or older are protected from rating reductions. However, this policy is not consistently enforced, and reductions have been reported for veterans well beyond this age. Veterans should not rely on this policy alone to safeguard their benefits.

The VA 100% Rule

For veterans with a 100% total disability rating that is not permanent and total (P&T), the VA can reduce the rating if medical evidence shows material improvement. However, a 100% P&T rating, where all conditions are static, is highly protected. The easiest way to jeopardize a 100% P&T rating is by filing new claims unnecessarily, as this invites VA scrutiny.

Special Considerations for 100% Permanent and Total (P&T) Ratings

If you have a 100% P&T rating, congratulations—you’ve achieved what many veterans refer to as the “Hundo Club”! This status means your conditions are static, and no RFEs are scheduled. To maintain this rating:

Avoid Filing Unnecessary Claims: Filing new claims, such as for conditions like migraines when you’re already at 100%, provides no additional benefit and risks triggering a re-evaluation. The only exception is pursuing Special Monthly Compensation, which applies in specific circumstances.
Monitor Your Rating Code Sheet: Ensure your conditions are listed as static with no RFEs scheduled.

Can Working Affect Your VA Disability Rating?

In most cases, employment does not impact your VA disability rating. The VA encourages veterans to work if they are able, as it promotes financial independence and well-being. However, veterans receiving Total Disability Individual Unemployability (TDIU) benefits must be cautious. TDIU is based on the inability to maintain substantially gainful employment, and significant income could prompt a re-evaluation. A workaround, such as working in a sheltered work environment (e.g., a home-based business), may allow you to earn income without jeopardizing TDIU benefits.

Final Tips for Protecting Your VA Disability Rating

Stay Proactive: Regularly review your VA claims file and rating code sheet to anticipate potential re-examinations.
Prepare for Re-Examinations: While most re-examinations result in reductions, a small percentage lead to rating increases. Ensure you provide comprehensive medical evidence during these exams.
Avoid Fraud: Always provide accurate information to the VA. Fraudulent claims can lead to severe consequences, including loss of benefits, fines, or legal action.

Conclusion

Fighting a proposed VA disability rating reduction requires swift action, strong medical evidence, and a clear understanding of VA rules. By obtaining a DBQ, reviewing your claims file, and consulting with a VSO, you can build a robust case to protect your benefits. For veterans with 100% P&T ratings, avoiding unnecessary claims is critical to maintaining your status. Stay informed, be proactive, and don’t hesitate to seek professional assistance to safeguard your hard-earned benefits.

Disclaimer

The information provided in this article is based on the author’s opinions and experiences and is intended for informational purposes only. It is not a substitute for professional legal or medical advice. Veterans should consult with a qualified Veterans Service Officer (VSO), attorney, or medical professional for guidance specific to their situation. The VA’s policies and procedures may vary, and individual outcomes depend on the evidence and circumstances of each case.

How to Protect Your VA Disability Rating from Reduction

As a disabled veteran, protecting a VA disability rating is crucial. The VA can and does reduce ratings when they believe a veteran’s condition has improved. However, there are proactive steps one can take to defend a rating and avoid unnecessary reductions. This article outlines an effective strategy to stay prepared and protected.

Step 1: Be Prepared for a VA Rating Reduction Notice

At some point, the VA may send a rating reduction notice — a letter notifying a veteran that the VA is planning to reduce their disability rating. If this happens, it’s important not to panic but instead to prepare.

The key is understanding exactly what the VA is trying to reduce. Are they targeting one or multiple disabilities? What evidence are they relying on to justify the reduction? Knowing this information allows a veteran to craft an effective response.

Step 2: Request a Hearing to Buy Time

Upon receiving a rating reduction notice, one of the first steps should be to request a hearing. This is critical because it gives more time to gather medical evidence and prepare a case. The VA is required to maintain the current rating until after the hearing, which provides valuable time to challenge the reduction properly.

Step 3: Build a Strong Case with Current Medical Evidence

It took medical evidence to get the rating in the first place — and it will take medical evidence to keep it. That’s why it’s essential to have a steady stream of updated documentation.

Here’s an effective approach:

Visit a doctor quarterly (four times a year) for each service-connected disability.
During these visits, clearly voice any complaints and ensure the doctor documents everything accurately.
Carefully review the doctor’s notes to confirm there are no mistakes or misquotes. For example, if a condition is chronic and worsening, the record should reflect that — not that things are “getting better” or “feeling fine.”
If errors or inconsistencies are found, correct them immediately.

Maintaining consistent medical visits creates a trail of evidence showing that the condition is ongoing and possibly worsening — not improving.

Step 4: Keep a Personal Log of Symptoms and Challenges

In addition to medical records, it’s helpful to keep a personal log of symptoms and how they affect daily life. This includes:

The severity of symptoms on good and bad days
Changes in pain levels, mobility, or mental health
How the symptoms impact work and daily activities

A personal log serves as additional evidence to support the case if the VA tries to claim the condition has improved.

Step 5: Understand the Stakes

VA disability compensation is a significant source of financial support. For veterans with dependents or those receiving Special Monthly Compensation (SMC), monthly compensation could be upwards of $5,000 to $6,000.

If someone is receiving thousands of dollars a month for a permanent disability, it makes sense to put in the effort to protect that. Some veterans only visit the doctor once every five years — that’s a risk that may not be worth taking. Being proactive ensures that the rating remains protected.

Step 6: Mix VA and Private Medical Care

Some veterans rely exclusively on VA doctors, while others prefer private healthcare providers. A balanced approach using both VA and private doctors can provide a broader perspective and ensure that medical documentation is thorough. Whether using VA doctors, private doctors, or a combination of both, the key is to have a consistent medical history that supports the claim.

Step 7: Treat Every Appointment as a Reminder to the VA

Doctor’s appointments can serve as “reminders” to the VA that a disability is real, ongoing, and not improving. Chronic conditions like tinnitus, PTSD, or pain-related disabilities are unlikely to get better with time.

Mentioning flare-ups or worsening symptoms during these appointments helps reinforce the fact that the condition persists. Keeping the VA aware of any changes or deteriorations makes it harder for them to justify a reduction.

Why This Strategy Works

The VA relies heavily on medical evidence when evaluating rating reductions. Consistent, current, and detailed medical records showing that a condition is stable or worsening make it difficult for the VA to justify a reduction.

This strategy isn’t foolproof, but it puts a veteran in a much stronger position to fight back if the VA comes after their rating.

Final Thoughts (Opinion Disclaimer)

💬 This is not official legal or medical advice — it’s a suggested strategy based on experience. Everyone’s situation is different, and each veteran must find the approach that works best for them. Some veterans are comfortable with a visit once every five years, while others prefer more frequent check-ins to stay on top of things. The important part is staying prepared and making sure medical evidence is solid. The VA can and does reduce ratings — but with the right preparation, it’s possible to protect the benefits that have been earned.

Achieving a Favorable Outcome Against a VA Rating Reduction