The Department of Veterans Affairs (VA) in Jackson, MS, regularly conducts medical re-examinations of veterans with disabilities to determine whether the severity of a veteran’s disability has improved. When veterans receive disability benefits, the VA will assess whether or not a veteran’s injuries will likely improve. If they are, they will schedule a VA claim reevaluation in the future, at which time they will reevaluate a veteran’s eligibility level to receive disability benefits.
Suppose you have received notice that your claim is being reviewed. In that case, you must contact an experienced attorney who can advise you on the steps to increase the likelihood of maintaining your benefits. Contact a VA benefits lawyer in Jackson, MS, at Derek L. Hall, PC, for a free and confidential case review at 601-768-7462.
What Is a VA Re-Examination and Re-Evaluation?
A VA disability rating re-examination may include a simple medical evaluation or a hospital stay. VA representatives often complete simple medical assessments over the phone or in person. If the veteran has more severe disabilities, they may be observed during a hospital stay. Veterans may have their disability benefits reduced or even terminated due to a re-examination if the examination reveals their disability has improved.
VA uses a disability rating system ranging from 0 percent to 100 percent, which dictates the number of benefits veterans are eligible to receive each month. When a veteran’s injuries improve, their disability rating may change.
When Does VA Reevaluate Your Service-Connected Disability?
After a veteran is awarded disability benefits, the VA will schedule another re-examination for a veteran whose disability will likely improve over the years. The first time that the VA re-examines a veteran’s disability is usually six months after the veteran leaves military service. The VA disability revaluation timeline depends on the nature and severity of your disability. Your re-examination will typically be scheduled for two to five years from the date you are initially awarded disability benefits.
The VA can also call for a re-examination anytime evidence surfaces that a veteran’s disability may have improved. Veterans whose disability has improved may see a reduction in their benefits. If the disability worsens at any time in the future, the veteran can write to the department requesting an increase in benefits. They must include medical documentation proving that their condition has degenerated.
What Happens If You Receive Notice of a Proposed Rating Reduction?
Suppose you are a disabled veteran, and the VA proposes a decrease in your disability benefits. In that case, they must notify you if the proposed reduction will lower the compensation you are entitled to each month. It’s worth noting that the proposal is simply that: a proposal. It isn’t a final decision. You will have a limited time to respond to the proposed reduction if you believe it is unfounded.
Specifically, you will have a 60-day window to present evidence showing why you believe your benefits should not be reduced. You will also have 30 days, or the first half of that 60-day window, to request a hearing in your case. You can present evidence in person at the hearing, including medical records and other documentation, to show why you believe the proposal is unwarranted.
You must show up for your re-examination. Suppose you aren’t able to attend the examination due to unforeseen circumstances. In that case, you must call and reschedule the examination (and it’s best if you have a good reason for why you can’t make the appointment). Missing the appointment will likely result in an automatic reduction or termination of your disability benefits.
When the VA makes its final decision regarding a proposed decrease in your benefits, they must consider all evidence you submitted during the 60-day window after they sent the proposal, as well as the entire medical history that the VA already has on file in your case.
If the VA fails to notify you of their proposal to reduce your disability benefits, you have the right to have your full disability benefits rate restored.
When Are Veterans in Jackson, MS, Protected from Reevaluations and Rating Reductions?
Certain veterans in Jackson, MS, are protected from re-examinations and having their disability rating reduced. If you belong to one of the following groups of veterans and receive a proposal to reduce your disability benefits, it might be a clerical error. While there are exceptions, the following groups typically don’t have to undergo re-examinations and won’t have their ratings reduced:
- Veterans who are over the age of 55.
- Veterans who have permanent disabilities, such as amputees and quadriplegics. In such cases, the VA can be sure that you will carry that disability with you for the remainder of your life and that your disability has no chance of improving. Veterans who have permanent disabilities that stem from an underlying disease are also included.
- Veterans who have had the same rating percentage for 20 years or longer. This is known as a “continuous rating.”
- Veterans who already have the lowest possible rating because the minimum rating can’t be reduced.
- Veterans whose disability rating is 100 percent have the highest possible rating. In such cases, the veteran usually either has one disability that meets the 100 percent threshold or has multiple disabilities whose total rating adds up to 100 percent.
- Veterans whose rating has remained the same for at least five years or longer. Veterans whose ratings have remained the same for this period have what’s known as a “stabilized rating.” This means that your disability has not improved over five years or more. If the VA proposes to reevaluate veterans with stabilized ratings, they must prove that the individual’s disabilities have steadily improved over some time. Even if your disability improves, the VA must prove that the improvement isn’t just temporary.
Contact an Experienced Veterans Benefits Lawyer in Jackson, MS Now
At Derek L. Hall, PC, we salute those who have sacrificed so much to defend our country. Our veteran law attorneys serving in Jackson, MS, are here to help if you are a veteran whose benefits have been wrongfully reduced or terminated. We have a strong track record of helping veterans secure the benefits they are entitled to and will work tirelessly to help you build the strongest possible case. Contact us today for a consultation to get started.
