Posted on Jul 22, 2019
Can the VA decrease a disability rating once it is locked in?
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I have service connected disability for an ulnar nerve damage (30%) and hearing at 10%. I was told at the time of rating (2013) that if my hearing got worse, I could come back in for a re-evaluation to get help and it may increase my rating as well.
After multiple surgeries and 9 years later, my ulnar nerve has improved sensation in my forearm exterior. It is in no way, back to normal, but has a slight improvement. If I go in for re-eval on my hearing, will they decrease my ulnar from 30% for improvement?
They originally told me that it is really hard to get a combined disability rating 50% or more without extreme situations because (and I quote) "50% or more gets you more entitlements that have to be justified definitively". If that's the case, I don't want them to increase my hearing just to decrease elsewhere (if this makes sense). But I am at the point of needing hearing aids and want to make an appointment to get help with this.
After multiple surgeries and 9 years later, my ulnar nerve has improved sensation in my forearm exterior. It is in no way, back to normal, but has a slight improvement. If I go in for re-eval on my hearing, will they decrease my ulnar from 30% for improvement?
They originally told me that it is really hard to get a combined disability rating 50% or more without extreme situations because (and I quote) "50% or more gets you more entitlements that have to be justified definitively". If that's the case, I don't want them to increase my hearing just to decrease elsewhere (if this makes sense). But I am at the point of needing hearing aids and want to make an appointment to get help with this.
Posted in these groups: 
Disability
Department of Veterans Affairs (VA)
Disability Department of Veterans Affairs (VA)
Posted >1 y ago
Responses: 17
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The VA is their own animal, and make rules as they go along. Be very careful what you ask of them. They can decrease your rating if they feel you have improved. I personally know Veterans that have had to fight to maintain the rating let alone increase their rating.
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I think the highest rating you can get for hearing-loss or tinnitus is 10%. I have both, and my rating is 10%.
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MAJ (Join to see)
This is not true.
10% is the maximum scheduled rating for tinnitus.
Hearing loss can be from 0 to 100%.
10% is the maximum scheduled rating for tinnitus.
Hearing loss can be from 0 to 100%.
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SSG(P) Adam Koepke
From what I was just told by the VA approved doctor the 3 levels of hearing loss percentages is 0% 10% 100%. But you can only get 100% if you are legally deaf in both ears. I am not saying you can’t otherwise I am just saying that from what I was told that’s the ratings. I know a combat veteran who is 100% legally deaf in one ear and 50% in the other and he got 10% for both combined.
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SGT Debra Jahnel
SPC Michael Tucker Definitely get the hearing aids & if you have tinnitus- make sure you tell the audiologist as much detail as you can. I got my aids about 2mos ago and the audiologist tweaked the programming that took the tinnitus down by 50% easily. And ask for the tinnitus class - well worth your time!
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I'll say it this way. I had my toes crushed while in the military and they gave me 10% disability initially. But when I tried to get help for my injured lower back, they took away the 10% for my toes and told me they couldn't look at my lower back. Even though BOTH injuries were from the military.
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LCDR Mike Morrissey
A few things. As preamble, while VSOs are Congressionally Chartered to represent the vet, DO NOT JUST GIVE THEM THE PAPERWORK AND SIT BACK. I’ve not been impressed. On the other hand, I’ve been really frustrated with vets who pretty much rollover and quit then complain if their case isn’t approved at a level they considered appropriate. That’s where a real familiarity with CFR 38 comes in handy. Look at the rating criteria and ensure evidence backs up the filing. Finding your way around the document is challenging, but worth it. One the other hand, be realistic.
1. Every claim I filed on my or my wife’s behalf (Gulf War vet), had a civilian Dr’s workup and evaluation. Working with several other vets, I’ve made sure they had the same.
2. Every finding has a lot of detail, some boiler plate-some not, and requires very careful reading which includes looking up the references listed.
3. Too often vets don’t go in accompanied by another party for the exam. That person needs to be in a coat and tie and very familiar with the case and issues. It also helps for the vet to be well dressed and cleaned up. Too many times I’ve watched vets go in unshaven, t-shirted and a decorated vest etc. Don’t argue, it really does make a difference. It’s like a job interview whether one likes it or not.
4. Have your points/facts written down with your own copy of the claim and documentation, and let your disability show—-now is not the time to macho-man it.
5. Stay on point, do not get sidetracked or take one. NEVER, NEVER show anger—intensity yes, anger no.
6. I disagree that the claims folks job is to disapprove first filings. On the other hand, I’ve seen findings which missed evidence or incorrectly interpreted evidence. When that happens there is more than one way to address the problem. A few yrs ago, one could appeal, or refile, or ask the case officer to review, or have another VA evaluater review. Not sure about current option as a result of current changes in the law and procedures.
7. Make sure deadlines are met. Miss it and your done. One vet’s VSO interpreted the one year following “intent to file” to mean 12 calendar months, not the actual 365 days and cost the vet $16,000. Short of suing the VSO-in this case the Amer. Leg., there just isn’t a recourse as the 365 is codified law.
If you made it through the rather long note, congrats—-hoped it helps. Others may add or disagree. But, it’s my experiences with the VA claims process
The one big mistake made by service members is not ensuring the medical record is thorough and completely copied prior to discharge and that includes the separation physical. My dad, a WWII and Korea vet, constantly harped on that all during my career. At the time, I grudgingly complied—much to my later benefit.
1. Every claim I filed on my or my wife’s behalf (Gulf War vet), had a civilian Dr’s workup and evaluation. Working with several other vets, I’ve made sure they had the same.
2. Every finding has a lot of detail, some boiler plate-some not, and requires very careful reading which includes looking up the references listed.
3. Too often vets don’t go in accompanied by another party for the exam. That person needs to be in a coat and tie and very familiar with the case and issues. It also helps for the vet to be well dressed and cleaned up. Too many times I’ve watched vets go in unshaven, t-shirted and a decorated vest etc. Don’t argue, it really does make a difference. It’s like a job interview whether one likes it or not.
4. Have your points/facts written down with your own copy of the claim and documentation, and let your disability show—-now is not the time to macho-man it.
5. Stay on point, do not get sidetracked or take one. NEVER, NEVER show anger—intensity yes, anger no.
6. I disagree that the claims folks job is to disapprove first filings. On the other hand, I’ve seen findings which missed evidence or incorrectly interpreted evidence. When that happens there is more than one way to address the problem. A few yrs ago, one could appeal, or refile, or ask the case officer to review, or have another VA evaluater review. Not sure about current option as a result of current changes in the law and procedures.
7. Make sure deadlines are met. Miss it and your done. One vet’s VSO interpreted the one year following “intent to file” to mean 12 calendar months, not the actual 365 days and cost the vet $16,000. Short of suing the VSO-in this case the Amer. Leg., there just isn’t a recourse as the 365 is codified law.
If you made it through the rather long note, congrats—-hoped it helps. Others may add or disagree. But, it’s my experiences with the VA claims process
The one big mistake made by service members is not ensuring the medical record is thorough and completely copied prior to discharge and that includes the separation physical. My dad, a WWII and Korea vet, constantly harped on that all during my career. At the time, I grudgingly complied—much to my later benefit.
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LCDR Mike Morrissey
TSgt Robert Moore - Have you filed a new claim and included medical evidence? Another item often overlooked is that family and friend written testimony is considered as evidence. It’s one thing to go in, it’s another to file.
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SFC Wendell Pruitt
One of the biggest mistakes and problems in the VA system is the fact that Most Veterans do not understand The VA system has multiple parts and each serves a specific functional area and has their own set of rules and regulations to follow, These functional areas do overlap to some small degrees but the end function is a stand alone Defined Mission Goal and they Do NOT Communicate well with each other because their end mission is NOT an overlapping one.
VA Hospitals : Provide Medical and Mental Health Treatment to Veterans
VA Regional Offices: Evaluate Residual Disabilities connected to Military Service and assign Compensation levels in accordance with Federal Law.
It does no Veteran any good to ask a VA treatment provider about VA Disability Compensation because they are unconcerned with that, Most do not even understand the system or process, The same is true when a Veteran Complains about their Primary Care Doctor in a Compensation Claim to the Regional Office, The only thing the Regional Office is concerned with is, Is this condition related to Military Service and Should it be compensated at any level.
VA Hospitals : Provide Medical and Mental Health Treatment to Veterans
VA Regional Offices: Evaluate Residual Disabilities connected to Military Service and assign Compensation levels in accordance with Federal Law.
It does no Veteran any good to ask a VA treatment provider about VA Disability Compensation because they are unconcerned with that, Most do not even understand the system or process, The same is true when a Veteran Complains about their Primary Care Doctor in a Compensation Claim to the Regional Office, The only thing the Regional Office is concerned with is, Is this condition related to Military Service and Should it be compensated at any level.
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GySgt George Allen
LCDR Mike Morrissey - The VA must "consider" all evidence submitted to them but some evidence carries more "weight" than others. Medical evidence carries more weight than lay (non-medical) evidence. Remember, persons submitting lay evidence cannot diagnose...state only what is observable.
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