The VA Can Reduce The Amount Of Your Award | Jackson & MacNichol Law Offices

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The VA Can Reduce The Amount Of Your Award

Published on February 27th, 2017

Many veterans can attest to the difficulties of applying for and eventually being awarded monthly disability compensation. The same people are of the opinion that once they are approved the battle is over. Unfortunately, for many it is not. Veterans Administration can and do reduce the amount that was initially granted.
If you are advised by the VA that they will be reducing your compensation, you must not procrastinate, you must act immediately. There are two critical things that must be done; do not avoid your pre-reduction examination with the authorities and hire aggressive VA disability appeal lawyers. There are procedures that can be done to either end the matter or, in the event a reduction is made, ensure that there is a better than equal chance of reversing the decision during the hearing.

What may prompt a reduction in benefits?

There are numerous reasons why the VA would consider reducing the benefits you fought so hard to get, let’s look at the most common reasons.

Imprisonment:

In the event you are incarcerated in jail or prison for more than 60 days, the VA can reduce the benefits you were awarded.

Unprotected rating:

When a veteran is given this rating it means that the disability is not full or has existed for less than five years. In the event there is an improvement in the disability which can be substantiated with medical facts, the VA can reduce the rating.

Stabilized rating:

A stabilized rating is one that is assigned by the VA when the disability remains at the same level for five years or more. The only way the VA can reduce the benefits is to prove there has been a sustained improvement and this can only be proven when all treatment records, medical records and employment records have been analyzed.
In many cases the VA will reduce a total disability rating because it is of the opinion that after their evaluation, the disability symptoms are consistent with a lower rating. Under the existing law, this is a blatant error and should it happen the individual should contact our VA disability appeal lawyers as soon as possible.


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