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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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.
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SFC Wendell Pruitt
It Can be reduced at any point short of 20 Years, But there must be clear and concise evidence from multiple sources that the disability has in fact materially improved. It cannot be reduced on the basis of a single exam or medical opinion or an arbitrary decision to conduct a reexamination.
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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
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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
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
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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.)
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§ 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.
(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.
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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.
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