Posted on Jun 5, 2016
Can current VA disability rating % be decreased, when requesting an increase in %?
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Posted in these groups: 
Disabled Veterans
VA Claim
Disabled Veterans VA Claim
Posted 8 y ago
Responses: 11
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Generally no, the VA can not simply decrease your disability rating. Remember, you do not apply for an increase you apply for a re-evaluation. If the evidence on record shows improvement that warrants a lower percentage, then it can be reduced. This does not, however, happen instantly. You are afforded due process rights when ever a decrease is proposed and you you can submit evidence to counter the VA's assumptions before your percentage is reduced. As an example, you submit for an increase for PTSD, the VA says the evidence shows your PTSD is better due to no visits to a doctor. You counter this by submitting records from a private doctor the VA didn't have access to. This could also happen if the VA initiates. Review of your file on their own. This happens, but generally the VA will tell you in your initial award level that a disability is due for reevaluation in so many years.
Also, it important to discern this from an appeal for a VA rating. Appeals are considered non-adversarial and equitable in favor of the veteran. Unless evidence is clear and convincing, a very high standard, the VA can not reduce the percentage awarded on appeal. This is why generally an appeal is preferential to a request for increase.
Also, it important to discern this from an appeal for a VA rating. Appeals are considered non-adversarial and equitable in favor of the veteran. Unless evidence is clear and convincing, a very high standard, the VA can not reduce the percentage awarded on appeal. This is why generally an appeal is preferential to a request for increase.
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SFC Alex Kennedy
I was denied military pension due to SSI income. Should I file for VA disability or SS disability and/or both, and if both, which first? Thanks in advance.
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SPC Paul Jennings, J.D.
SFC Alex Kennedy - That's a very specific legal question that can't be answered without more details and background. While I don't deal with SS disability, if you want to discuss VA disability you can send an email to [login to see]
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Yes. I have seen this first hand with Soldiers in the MEB getting a 90% VA and trying for the magic 100%. They appeal, and the VA returns... oops we did misread something... 80% is the new rating.
From a math perspective, if you have a 90%, you need 60% or more added to make it 100%.
From a math perspective, if you have a 90%, you need 60% or more added to make it 100%.
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SSG (Join to see)
SFC (Join to see) - HAHA ya... VA math is worse than common core math. In a nutshell, additional ratings are taken from the rating pool that is left. ie if 90% rating, only 10% is left. SO... a 50% rating would really be +5% to a 90%. SOMETIMES the VA likes to round down, thats why a 60% is needed to top off that last 10%. you can have 6 +10% or a mixture, but the 60% is needed.
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SGT Jodi WittBailey
SSG (Join to see) don't forget bilateral effects of injuries add 10% and also secondary conditions caused by the first condition. Say limping because your knee is service connected caused another problem.
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Yes. I've seen plenty of cases where they've come back substantially lower. I don't know if it's just some people really thinking they deserve higher, or if they're getting a little greedy. But from what I've seen, it's the safe bet to stick with what you get if its a decent rating from the get go. Maybe with the exception of a grossly low rating where it's believed it should be much higher due to a certain condition. I received an 80% VA rating and quite literally took it and ran.
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SSgt Trevor Smith
SFC (Join to see) - I want to make sure you know I wasn't implying anything sir. I've gone through the process recently (within the last few months) so I'm talking about some of my observations. I was mostly commenting on the cases I've seen where they were a pretty far stretch to get the rating raised, and the individuals pressed for it anyway. In a case where you have a pretty low rating, if your conditions are getting worse, there's definitely a possibility. I read your other responses and I don't know how they treat assessments from civilian docs. However if it's become substantially worse, I wouldn't be afraid to at least mention it to the VA.
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SFC (Join to see)
SSgt Trevor Smith - Because you have been through the process is why I asked these questions to see what has changed. I went through in 1991. No I didn't take your reply as an attack, no problem.
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SGT Jodi WittBailey
SFC (Join to see) I can relate about not rolling the dice. Once a review caused a reduction. Once it caused an increase. It really is a "gamble" depending on who is assigned your claim.
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