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Veterans
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Veteran Community for lemmy.world, we hope to make ALL veterans feel welcome and accepted.
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Let’s clear up a potentially harmful myth:
If someone—especially a VSO—tells you “don’t poke the bear” as a reason not to file for an increase or new claim, be cautious. This advice can be misleading and cause veterans to forgo rightful benefits. The idea that “VA will reduce you just for filing” is not accurate—and here’s why.
YES, THE VA CAN REVIEW EXISTING RATINGS... BUT ONLY UNDER STRICT CONDITIONS
It’s true that when you open a new claim, VA can review all existing ratings. However, they can only reduce a current rating if they follow very specific legal standards. Chief among them is proof of “material improvement” in your condition.
If you are Permanent and Total (P&T), the chance of a lawful reduction is very low (BUT NOT NON-EXISTANT) unless your condition has genuinely improved under ordinary life conditions—and even then, VA has a heavy burden of proof.
DIRECTLY FROM THE CODE OF FEDERAL REGULATIONS (CFR)
Here’s what the law and case law say about rating reductions:
I. Grounds for Reducing Compensation
The VA may propose to reduce a veteran’s disability compensation due to:
• Failure to report for a required exam (pre-reduction exam)
• Evidence of material improvement in the condition (Big reason to keep all your providers (VA and non-VA) apprised of the status of your rated conditions AT EVERY APPOINTMENT. Not saying treatment…updates at a minimum!)
II. Rules for Protected Ratings
• Ratings in place less than 5 years are “unprotected” and can be reviewed more easily—but still require proof of improvement.
• For reductions from total disability (100%), VA must demonstrate “material improvement under ordinary life conditions.”
Legal citation: “Examination reports showing material improvement must be evaluated in conjunction with all the facts of record.” — 38 C.F.R. § 3.343(a) See also: Ternus v. Brown, 6 Vet. App. 370 (1994); Hohol v. Derwinski, 2 Vet. App. 169 (1992); Dofflemyer v. Derwinski, 2 Vet. App. 277 (1992)
REDUCTION PROCEDURE & NOTICE RIGHTS
Per 38 C.F.R. § 3.105(e):
• VA must issue a written notice of proposed reduction and allow 60 days to submit evidence.
• The actual reduction cannot take effect until at least 120 days after proposal.
◦ See: 38 C.F.R. § 3.400(r) and Brown v. Brown, 5 Vet. App. 413 (1993)
Request a Hearing
You have a right to a pre-determination hearing under 38 C.F.R. § 3.105(i):
• Must be requested within 30 days of the proposed reduction.
• VA cannot finalize the reduction until this hearing occurs and a final decision is made.
• This can delay any reduction and allow time to gather supporting evidence or legal help.
PRO TIP: ONLY TAKE ADVICE FROM VA-ACCREDITED PROFESSIONALS
According to 38 U.S.C. §§ 5901–5902, 5904 and 38 C.F.R. § 14.629, only VA-accredited agents, attorneys, or VSO reps can assist veterans in preparing or prosecuting claims. There is a one-time exception under 38 C.F.R. § 14.630 for non-accredited individuals.
Verify accreditation at: VA OGC Accreditation Search Tool
BOTTOM LINE
• Filing a claim does not automatically trigger a reduction.
• If you are rated P&T or have a stable rating, a reduction is unlikely unless clear, sustained improvement is shown.
• Don’t let fear stop you from filing a legitimate claim.
If someone tells you “don’t poke the bear,” ask them to cite regulations or case law—if they can’t, you need better representation.
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It just makes things awkward when someone tells you why they didn’t join. Like what are you suppose to say. Usually I just say man that is crazy. Lol
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Exclusive: US veterans agency orders scientists not to publish in journals without clearance
(www.theguardian.com)
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Guess which platoon I was in?
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VA launches ‘full hiring initiative’ for mental health care amid uptick in veteran suicides
(federalnewsnetwork.com)
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