Can the VA decrease a disability rating once it is locked in?

2019-07-22T15:02:56-04:00

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.

Response by SGT William Cannon made Jul 22 at 2019 3:13 PM

2019-07-22T15:13:40-04:00

THE VETERANS ADMINISTRATION FLAGGED ME AT 50 PERCENT...I'M O.K. WITH THAT...BECAUSE THE GOVERNMENT CAN GO IN REVERSE AND DECREASE YOUR RATING...

Response by PO2 Joseph Bender made Jul 22 at 2019 3:16 PM

2019-07-22T15:16:50-04:00

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.

Response by TSgt Robert Moore made Jul 22 at 2019 3:26 PM

2019-07-22T15:26:54-04:00

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.

Response by SP5 Peter Keane made Jul 22 at 2019 3:37 PM

2019-07-22T15:37:01-04:00

Use of the term locked in to the VA means 20 years.

Response by SGT Steve McFarland made Jul 22 at 2019 4:13 PM

2019-07-22T16:13:19-04:00

I think the highest rating you can get for hearing-loss or tinnitus is 10%. I have both, and my rating is 10%.

Response by MSgt Bruce Stansel made Jul 22 at 2019 4:15 PM

2019-07-22T16:15:33-04:00

So if you are rated on hearing already, schedule an appointment with audiology. They have certain criteria to get hearing aides. If your level shifts warrant it, you will get them.

Part two - yes they can reduce you on other conditions if you submit a new claim. It happened to me. Some on here say if you are over age 55 they won’t reduce you...I don’t know for sure but I was under that age when I got reduced. It’s all based on what the C&P examiner feels when they see you.

Good luck

Response by SPC Michael Tucker made Jul 22 at 2019 4:41 PM

2019-07-22T16:41:35-04:00

Response by SGT Mark Rhodes made Jul 22 at 2019 5:16 PM

2019-07-22T17:16:33-04:00

SPC Michael Tucker to answer the question can the VA decrease your rating. The answer is yes. Especially if the initial claim of disability has been corrected and it’s no longer a disability. But there are other things you can claim to get a higher rating. It took me years to get to 100% but it is not impossible

Response by CWO2 John Markiewicz made Jul 22 at 2019 5:46 PM

2019-07-22T17:46:34-04:00

If you have held a rating for over 10 years, it can not be reduced. If you have held a rating for over 20 years it can not be taken away from you. If I remember correctly, that is what i was taught back when I was a Service Officer in the dark ages.

Response by Capt Daniel Goodman made Jul 22 at 2019 7:35 PM

2019-07-22T19:35:52-04:00

http://www.vetadvocates.org

As I've understood, from my whole total perm disability (TPD) thing, there's apparently a rule that, once a disability ratng is at the 10-yr point, it's deemed by Congress and/or VA to be what is termed "statutory", which I did in fact call VBA at VA Central Ofc (VACO about, and was told is, apparently, true, I've gathered...you could always call the [login to see] toll-free phone line about that whole "statutory" concept, if only to ask generally...we'd been told I was deemed what was considered even above total disabled indiv uemployable (TDIU), due to my being TPD, hence, never to be revisited, or re-examined at all...I obv can't say about your circumstances, however, the group here, NOVA, did my whole thing, after we'd transferred it to them from one of the major vet groups, that had tried, however, my whole thing was apparently WAY too involved, which is why the NOVA attorney we found had to get pro-bono help from two other attorneys from the pro-bono committee of a major law firm he knew of, one of the two went with us, and him, to see the BVA traveling-team judge when he'd submitted the main BVA appeal...call their main ofc, check their search engine for who's near you, I and others on here hae sent their stuff in many times, our consult was $500, the best money we ever spent...other than the vet groups, or law schooll vet-law clinics, NOVA is pretty close to the vtop of the VA-disability law food chain in the U.S., see what one of their guys by you has to say about it, honest, if you wanna chat more, just lemme know, no rush, whenever you'd want, OK? And please, for God's sake, DON'T take what I say here as Gospel, in any way whatsoever, I'm only relating what WE were told about ME, purely from the user standpoint, that's all, honest, we found out from watching our NOVA guy, as well as other disability lawyers for my wife and myself, that theres'a a very definite reason God invented attorneys, honest...trust me, get an EXPERT legal opinion, before you do ANYTHING else, honest, that's the VERY BEST advice I can try to give you, for real, OK?

Home

Response by Sgt Andre Batson made Jul 22 at 2019 8:48 PM

2019-07-22T20:48:13-04:00

The VA can decrease your rating. Before they do it, you will probably need an examination to determine if your disability improved. However, if you go for an ear examination, the VA should not be looking at your nerve damage.

Response by MAJ Dennis Lensegrav made Jul 28 at 2019 3:15 PM

2019-07-28T15:15:17-04:00

Get the hearing aids...you deserve them. It will you nothing.

Response by LCDR Mike Morrissey made Aug 11 at 2019 1:25 AM

2019-08-11T01:25:06-04:00

It really depends. I knew a vet who was at 100% for combined back, hip and knee issues—ex-paratrooper. He was going in for hip and knee replacement. It turns out he really wasn’t a candidate. But—-here is the kicker—if the surgeries had been successful, the otherwise lifetime 100% disability rating was at risk. Assuming the surgeries were not by VA or funded by VA, your medical treatment is not known by the VA. If on the other hand, the VA was involved, I would anticipate a followup medical determination. My advice re. the ulnar and hearing? Be very careful about volunteering information.

It’s in your interest to pursue further hearing treatment as the hearing aids are great and high quality. They are replaced every 5 yrs and all consumables (batteries etc) are provided free of charge. Tinnitus is nearly always assumed for vets, unless a G.I. never was outside of an office. Exposure to mechanical and weapon noise presumes tinnitus...but the vet has to first ask for the evaluation. Even if hearing loss doesn’t rate aids, tinnitus usually does.

Just getting aids doesn’t mean you automatically get evaluated for increased consideration...you still have to file for increased benefits—your option.

That said, even if you attain a 20% hearing rating, the 30 and 20 won’t add up to 50. The combined rating table will get you 43. They don’t round up from there. It would take a 30 for the nerve and 30 for hearing to get to 50. Short of severe hearing loss, it would be difficult to get to 30%. Google “VA Combined Ratings” and you can find the combine ratings schedule. There is other info easily found when more than 2 are combined.

If you deployed to either operational theater and experienced traumatic events of any sort, get evaluated for PTSD and stay aware of your emotional state as depression and anxieties are well documented to set in even yrs later.

Essentially CFR 38 is the starting point for determining how ratings are determined.
See this reference for ease in finding CFR 38 documents.
https://www.law.cornell.edu/cfr/text/38/part-4/subpart-B

38 CFR Subpart B - Disability Ratings

Response by Sgt Edward Smith made Nov 14 at 2019 12:29 AM

2019-11-14T00:29:32-05:00

I am not sure of that answer but I feel that you should be okay. I have had to go for re evalsdue to changing severity. Of I juries and I have never had an issue.

Response by A1C Burl Brawley Sr. made Jan 23 at 2020 3:36 PM

2020-01-23T15:36:06-05:00

Are you a DAV member? If not get a hold of them and talk to them. They are the best in helping vets get all the help you need. I have belonged to the DAV for 45 years there is none better. Good luck and never give up.

Response by SFC Wendell Pruitt made Jul 5 at 2021 1:12 PM

2021-07-05T13:12:51-04:00

§ 3.327 Reexaminations.
(a) General. Reexaminations, including periods of hospital observation, will be requested whenever VA determines there is a need to verify either the continued existence or the current severity of a disability. Generally, reexaminations will be required if it is likely that a disability has improved, or if evidence indicates there has been a material change in a disability or that the current rating may be incorrect. Individuals for whom reexaminations have been authorized and scheduled are required to report for such reexaminations. Paragraphs (b) and (c) of this section provide general guidelines for requesting reexaminations, but shall not be construed as limiting VA's authority to request reexaminations, or periods of hospital observation, at any time in order to ensure that a disability is accurately rated.

(Authority: 38 U.S.C. 501)
(b) Compensation cases -

(1) Scheduling reexaminations. Assignment of a prestabilization rating requires reexamination within the second 6 months period following separation from service. Following initial Department of Veterans Affairs examination, or any scheduled future or other examination, reexamination, if in order, will be scheduled within not less than 2 years nor more than 5 years within the judgment of the rating board, unless another time period is elsewhere specified.

(2) No periodic future examinations will be requested. In service-connected cases, no periodic reexamination will be scheduled: (i) When the disability is established as static;

(ii) When the findings and symptoms are shown by examinations scheduled in paragraph (b)(2)(i) of this section or other examinations and hospital reports to have persisted without material improvement for a period of 5 years or more;

(iii) Where the disability from disease is permanent in character and of such nature that there is no likelihood of improvement;

(iv) In cases of veterans over 55 years of age, except under unusual circumstances;

(v) When the rating is a prescribed scheduled minimum rating; or

(vi) Where a combined disability evaluation would not be affected if the future examination should result in reduced evaluation for one or more conditions.

Response by SGT Sheri Lattimer made Feb 4 at 2022 12:45 PM

2022-02-04T12:45:15-05:00

I just want to add my two cents. When you go in for a re-evaluation CHECK THE EXAMINER'S CREDENTIALS/QUALIFICATIONS. I know many places are short staffed, but make sure they are qualified to perform the eval and make those decisions. (Personal experience: my last eval was attempted by a social worker at a VA hospital. I refused the eval and explained to the VA why. In the end, a psychiatrist did my re-eval and I got Total & Permanent.)