Can Your VA Rating Get Reduced? | Protected vs Unprotected Ratings
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- Опубликовано: 3 авг 2024
- Is your VA disability rating locked for life, or can you have your rating reduced or even lose your rating? Join us as Dale Davidson, Veteran Affairs Attorney, explains the differences between protected and unprotected ratings and how to ensure your rating doesn't get reduced by the VA.
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Email: dearvaguy@gmail.com
Website: davidsonelderlaw.com/contact-us/
#veterans #disability #vabenefits #military #service #vadisability #attorney
I had a doctor try to get my disability reduced or terminated once and I contacted my representative at the VFW and she hit that doctor with some legal facts and he immediately backed down. I thank God for my VFW Rep.
Personal Dr?
Awesome. Congratulations. Don't stop fighting until the fight is done
Thanks for sharing
Thank you. Important information for many veterans.
You are very welcome
How about 100% PT?
Some disabilities, although severe, can get better. In these cases, the VA may deny pension claims because “permanency” has not been established. The issue of permanence often arises when a veteran is hospitalized. For example, if the veteran is hospitalized, the VA may decide that a waiting period is in order before determining whether any disabilities are permanent. At the end of the waiting period, if the VA finds that the veteran’s medical condition has not improved, permanence can be established from the date of entrance into the hospital.
Under VA regulations, special consideration must be given to the question of permanence in the case of veterans under forty years of age. The claims of these veterans will be carefully reviewed to ascertain whether they will be permanently disabled at the end of all treatment, convalescence, and rehabilitation. VA rating activities are warned that “[s]evere diseases and injuries, including multiple fractures or the amputation of a single extremity, should not be taken to establish permanent and total disability until it is shown that the veteran after treatment and convalescence, has been unable to secure or follow employment because of the disability and through no fault of the veteran.
There are both some similarities and some differences between the concept of total disability for pension purposes. Section 3.340 of 38 C.F.R. (2021) defines total disability for both compensation and pension purposes as “any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful employment.” The disability rating schedule set forth in Part 4 of 38 C.F.R. continues this emphasis on the impact of a disability on the average person, instead of the specific claimant. This focus on the average person makes it legitimate, for compensation purposes, to rate a claimant who has a substantial and gainful full-time job as totally (100 percent) disabled based on the objective criteria in the rating schedule. Under the rating schedule, some fully employed veterans with severe disabilities qualify for a 100 percent rating because the average similarly disabled person would not be able to work.
The same is not true of pension. As the VA interprets and applies its pension regulations, if a pension claimant is substantially and gainfully employed, he or she will be denied entitlement to pension, even if the average similarly disabled person would not be able to work. In fact, in most cases, the claim will not even reach the rating activity; the adjudication division will deny it because the claimant’s income exceeds the maximum annual pension rate. claimant who is marginally employed will not be disqualified from pension benefits. Employment with pay at half the usual rate will not be considered incompatible with a determination of unemployability if the claimant cannot obtain better employment due to disability. Employment obtained only in competition with other disabled persons will not be considered evidence of employability. Employment within the scope of a vocational rehabilitation program will not be considered evidence of employability until the veteran has been so employed for at least twelve consecutive months. Moreover, receipt of funds because of participation in a therapeutic or rehabilitative activity will not be considered evidence of employability. Practically speaking, if a pension claimant is working, the income of the claimant will be a bar to pension benefits in most cases. There are very few cases in which a veteran is employed, even marginally, with income that does not exceed the maximum annual pension rate.
Thanks for your information. Can I be rated for chronic Lower Back pain and Bilateral Sacroiliac Joint dysfunction. Also Disc Degenerative Disease. I have a diagnosis for all 3 and a nexus letter from a Doctor.
If it is service connected I don'y see why not
100% p&t can be reduced? The moment they propose a reduction, I am gonna drop 7 more claims and ask for more SMC and A&A
You go Jolly Green! I like your pic
I appreciate the video but it did not put me at ease at all. Nor did it answer what I really needed answered. I'm 100% P&T not TDIU. Less than five years. I'm 54 years old. I did not commit fraud. I am no longer able to work. I have medical appointments at the VA but none scheduled to review my benefits (as far as I know). I do not plan on any more claims (can they open my case?).
How protected are my benefits?
I have worked all my life. If I wanted to make more I worked more. No longer an option. It scares the living hell out of me to be reliant on anyone let alone a government entity. And many of these videos (not just yours) make me want to avoid care. Or tell them if something is helping.
No 6:09
Let me see if I can clear things up for you. The issue is whether or not your disability is "static." Generally, a showing of continuous unemployability from date of incurrence, or the date the condition reached the stabilized level, is a general requirement for convincing the VA that your unemployability resulted from your service-connected condition. Yes, you are not TDIU but can the VA argue that your disability is not static; i.e., improved? Yes. When you go to these C&P exams stress to them your struggle to even perform simple daily tasks, that you can't work becuase of your pain or stress which force you to stop work. If your service-connected conditions remained static (that is, if there were no change in the severity of your disabilities), then a reduction is not warranted. The VA is trying to determine if you can function in society.
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