I was diagnosed with PTSD and granted service connected disability. Can that service connection or diagnoses be downgraded at a later date?

2020-03-27T02:46:20-04:00

Response by LTC Private RallyPoint Member made Mar 27 at 2020 9:17 AM

2020-03-27T09:17:34-04:00

IIRC, once a condition is deemed to be service connected they can't come back later and say it wasn't. However, if your condition improves your disability rating for that condition can be downgraded.

Response by SGM Steve Wettstein made Mar 27 at 2020 1:35 PM

2020-03-27T13:35:43-04:00

Yes a service connected disability can get down graded. Once a service connected disability is permanent and total, you would not have to get evaluated on it again. I have a 100% P&T and will not have current disabilities re-evalled.

Response by SGT Robert Pryor made Mar 27 at 2020 3:30 PM

2020-03-27T15:30:42-04:00

1. Service connection can be severed at any time in the future should it later be shown that the original claim was based on fraud -- think wannabes with made up tales of daring do to substantiate made up claims for PTSD. Fortunately this is extremely rare.
2. Service connection can be terminated in the first ten years following its effective date if it turns out that the condition was acute and transitory -- no longer presenting a disability ratable under the law.
3. Service connection can't be severed, except under item 1 above, after it has been in force for ten years or longer.
4. Once a percentage rating has been in place for 20 or more years, it can't be reduced to any amount lower than the lowest rating the veteran has held for that condition over the previous 20 years. And the thing that will blow most folks away, that includes veteran rated 100% for Individual Unemployability for 20 or more years.
5. You can lose your benefits by going to prison, but that's only for as long as you are in the hoosegow.

I have had clients rated 100% for IU for 20 or more years that were told by their Vet Rep or even VA employees that they could be cut if they went to work after being rated for IU more than twenty years. My response is to tell my client to ask their Vet Rep or the VA employee to put it in writing. The so called experts then do their research and sheepishly admit that the regulation is quite clear, after 20 years you can only have your benefits reduced for fraud.

Response by PO1 Jerome Newland made Mar 27 at 2020 3:50 PM

2020-03-27T15:50:46-04:00

I have read the other comments here, and I thought the same too. But, I appealed to the VBA when my rating was dropped from 70-30% by the VARO in Manila Philippines. The VBA stated it was improperly lowered as the it could not be lowered after 5 years at the present percentage. So 70% was restored.