A rating reduction happens when the VA lowers a veteran’s disability rating, often resulting in reduced monthly compensation. This typically occurs after a C&P exam or medical review suggests that the condition has improved. It's not a routine occurrence and requires a clear and compelling reason. Generally, the VA must provide notice of the proposed reduction, allow the veteran an opportunity to respond, and have medical evidence to support a material improvement in the veteran's condition.

• Evidence of Fraud: If the VA discovers that fraud was involved in obtaining the initial rating, they can reduce or terminate it regardless of how long it has been in place.

• Sustained Improvement: If there's clear evidence of sustained improvement in the veteran's condition, supported by medical records and evaluations, the VA may reduce the rating.

• Errors in Rating Decision: If there was an error in the original rating decision, the VA might adjust the rating accordingly.

• Total Disability Based on Individual Unemployability (TDIU): If a veteran who receives TDIU benefits becomes able to obtain and sustain substantially gainful employment, the VA may reduce their benefits.

• Incarceration: If a veteran is incarcerated for more than 60 days for a felony, their VA benefits may be reduced.

Note: These are just some examples. Every veteran’s situation is unique, and rating reductions vary based on individual facts.

1. Notice of Proposed Reduction: The VA must send notice to the veteran of the proposed reduction.

2. Opportunity to Respond: The veteran has a set period (typically 60 days) to submit evidence and arguments against the reduction.

3. Hearing (Optional): The veteran can request a hearing within 30 days of the notification to present evidence and argue their case.

4. Final Decision: After reviewing the evidence, the VA will issue a final decision.

5. Appeal: If the veteran disagrees with the decision, they can challenge the decision through a Higher-Level Review, Supplemental Claim, or appeal to the Board of Veterans’ Appeals (BVA).

At Greene & Marusak, we help veterans respond quickly and effectively to proposed reductions—submitting strong medical and lay evidence to protect your rating. If the VA can’t meet its high burden of proof, the rating must remain unchanged.

Give us a call at (844) 483-8737