For veterans returning to civilian life with a serious injury or illness caused by their service, VA disability benefits can be crucial. If you are a veteran who relies on VA disability benefits for things like lost income, medical procedures, and doctors’ visits, the thought of losing your benefits can be terrifying.
Fortunately, once VA benefits begin, they are not typically terminated except in the most extreme circumstances. There are instances where your benefits could be reduced, but most rates are protected and require extensive evidence and justification to be reduced.
Outright terminations of VA disability benefits, on the other hand, don’t usually occur, other than in instances of fraud or error. For the most part, veterans can rest assured that their benefits cannot be reduced or terminated without a valid reason. However, you should still be aware of potential reasons this might happen, especially if you depend on VA disability benefits to support your quality of life.
If you are concerned that the VA may reduce or terminate your benefits, contact a VA-accredited attorney at VetLaw. Our nationally recognized law firm is dedicated to helping veterans across the country recover the benefits they’ve earned through their service.
When Can the VA Terminate My Benefits?
As we just mentioned above, outside of some extreme circumstances, it’s very rare for VA disability benefits to be completely terminated. You even have special protection from termination if you have been getting benefits for ten or more years. You can only lose your benefits in cases where a serious mistake was made or fraud can be proven.
Your benefits may be threatened if you haven’t been receiving VA disability for ten or more years and the VA determines that your illness or injury is not service-connected. However, most veterans receiving disability payments don’t need to worry about this unless they have reason to believe their illness or injury may not be related to their military service.
Rest assured, though, the VA will give you ample warning before taking any official action and inform you of your right to a hearing. If you are given this notice, it is important to seek the assistance of an experienced VA disability lawyer to increase your chances of retaining your VA disability benefits. Even if your VA hearing does not go well, you will have the right to an appeal, which will give you an additional opportunity to fight for the benefits you deserve.
When Can My Disability Be Reduced?
Although the termination of VA disability benefits is rare, getting a disability rating reduced by the VA is more common, which can impact the total financial assistance you may receive as a veteran.
If you are incarcerated for a felony, your disability rating will be reduced to 10% of the original total benefit value on the 61st day of your imprisonment. If you were already at the 10% threshold, your rating will be reduced to 5%. In order to have your rating restored to its normal level, you will need to inform the VA when you are released. Most other reductions will be related to a reexamination.
Reexaminations
You will need to undergo a reexamination if the VA believes that some or all of your disability could improve over time. You may be required to undergo a medical examination or a period of observation in the hospital to determine if your condition has improved. These reexaminations can be used to reduce your total rate of disability, which means that the monthly payments you receive from the VA will also be reduced.
There are a number of injuries and other situations in which a reexamination is not required, such as:
- Veterans with multiple disabilities, leading to a rating that would be equally high if one disability improved
- Disability ratings that are already at the lowest threshold
- Veterans over 55 years old
- Injuries that can’t improve, like a lost limb
When Can My Rating Be Reduced After a Reexamination?
The VA cannot reduce your VA disability benefits after a reexamination unless several strict requirements are met.
First, your condition must show clear, meaningful improvement, not just on a single test but in your day-to-day ability to function, especially at work. A slight change in symptoms is not enough; the improvement has to be significant and sustained.
Second, the reexamination itself must be thorough and well-documented. The VA needs strong medical evidence that leaves little or no doubt that your condition has genuinely improved.
Finally, they must review your entire disability history rather than relying solely on the new exam. This means your long-term medical records, past ratings, and the overall progression of your condition must all be considered before any reduction is made. In short, a rating reduction cannot happen unless the VA has solid, comprehensive proof that your health has improved in a meaningful way.
Protected Ratings
There are certain situations where your VA disability rating is protected and should not be reduced. If you have a 100% disability rating, the VA must see clear, unmistakable improvement in your condition before they can justify lowering it. Even if some improvement is shown, it may still not be enough to warrant a decrease.
Ratings that have stayed the same for at least five years are also safeguarded, and the VA must demonstrate consistent, ongoing improvement over time, not just rely on a single reexamination, to reduce them.
Once a rating has been in place for twenty years, it generally cannot be lowered at all unless the VA can prove fraud. If a reexamination does result in a reduced rating, your benefits could drop significantly, which may make it harder to cover your expenses. You do have the right to appeal, and guidance from an experienced veterans disabilty attorney can strengthen your case.
Get Legal Help With Your VA Disability
If you are concerned your VA disability will be reduced or terminated, contact VetLaw as soon as possible. Our VA-accredited VA disability lawyers can help you defend your financial assistance in situations where it’s threatened. We can gather second opinions, research your medical history, and fight for a fair hearing through the appeals process. We will focus on every aspect of your case and seeking the maximum amount of disability tbenefits o which you are entitled.
Contact VetLaw today online or at (855) 651-1522 for a FREE case evaluation.
