A few common circumstances under which a veteran may involuntarily lose their VA disability benefits include the following:
- Fraud
- Treasonable acts
- Subversive activity
When can the VA terminate or lower my disability benefits?
When Can the VA Terminate My Disability Compensation? Benefits for disabilities with a service connection can be reduced (as described above), but rarely stopped altogether. If you have been receiving service-connected benefits for ten years or longer, your benefits receive special protection from termination. The VA cannot terminate these benefits unless you committed fraud or unless the VA made a "clear and unmistakable error" in granting you benefits (CUE).
Will VA disability ever go away?
Will VA disability ever go away? Generally speaking, disability benefits are available to disabled veterans as long as the veteran remains disabled and until his or her death. Can a veteran work with a 100% disability rating? Because Veterans can be working with 100% VA disability rating, using support resources is very important.
Can VA reduce my disability?
Keep in mind, the VA cannot reduce your service-connected disability rating without first sending you notice. Failure to do so should result in a full reinstatement of your benefits. When the VA will not schedule you for a reexamination. The VA will typically not request to reexamine your rating under the following conditions: you are over age 55;
How do you stop VA disability payments?
Manage your Veterans disability benefits
- Check your VA claim or appeal status Track the status of your disability claim or appeal.
- View your disability rating View your VA disability ratings and which of your ratings are service-connected.
- File for a VA disability increase If your service-connected disability has gotten worse, find out how to file a claim to increase your disability rating.
What could cause a Veteran to lose their benefits?
VA can reduce a veteran's benefits if they are incarcerated or are found to be a fugitive felon. While VA will not exactly stop a veteran's disability benefits if they are incarcerated, they will reduce it. However, the rules are slightly different for veterans who are found to be fugitive felons.
How long do VA disability payments last?
If VA assigns you a 100% rating, it has the option of also designating you permanently and totally disabled. If you receive this designation, your benefits are safe for the rest of your life.
Can the VA take away your permanent and total disability?
Today, we'll answer the question: “Can the VA take away 100 Permanent and Total Disability (P&T)?” The short answer is: YES, they can. Every VA disability rating, whether it's deemed P&T or not, can be reduced by the VA for a variety of reasons.
Are VA benefits paid for life?
Yes, it is possible to receive VA disability benefits for life.
How often are VA disability benefits reviewed?
Between two and five yearsWhen Does VA Reevaluate Your Service-Connected Disability? VA usually reevaluates veterans' service-connected disabilities on two occasions: Six months after leaving military service; and. Between two and five years from the date of the decision to grant VA disability benefits.
What is the VA 5 year rule?
The VA disability rating 5-year rule states that the U.S. Department of Veterans Affairs (VA) cannot reduce a veteran's disability rating if it has been in place for five years or more unless the condition shows sustained improvement over time. In this situation, the veteran's rating is considered a stabilized rating.
Can the VA take away my 100 disability?
The VA can reduce an unprotected rating, but only if there is an improvement in the veteran's disability, after consideration of the veterans' medical and work history, and in the ability to "function under the ordinary conditions of life and work".
What happens to my VA disability when I turn 65?
Even after veterans reach full retirement age, VA's disability payments continue at the same level. By contrast, the income that people receive after they retire (from Social Security or private pensions) usually is less than their earnings from wages and salary before retirement.
Why The VA Reexamines Veterans With A Service-Connected Disability Rating
The why is easy to answer. Not all medical conditions are permanent. Some injuries heal over time, at least to some degree. The VA wants to ensure...
Notice of Reexamination Letter
The VA must send you a reexamination letter before they can change your service-connected disability rating. It’s essential that you attend this ap...
When The VA Will Not Schedule You For A Reexamination
The VA will typically not request to reexamine your rating under the following conditions: 1. The veteran is over age 55. 2. The disability is stat...
Protected VA Disability Ratings
Certain VA disability benefits are considered Protected Ratings, according to the VA (though others say the term “protected” is a misnomer). This i...
Reducing Your Disability Rating – VA Must Prove Change in Condition
The VA needs to establish substantial evidence of a change in condition before any change can occur to your service-connected disability rating. Th...
A Reexamination Is Not The End of The World
A Notice of Reexamination can actually result in an increased disability rating if the situation warrants it. The VA will not go out of their way t...
Where to Get Help If You Receive A VA Reexamination Notice
Note: I have received many inquiries relating to specific disability ratings and medical conditions. I am not medically trained and I am not author...
Circumstances Under Which Benefits May Be Forfeited
A veteran may choose to no longer receive the benefits to which they are entitled. To do this, you must submit a written and signed statement that you’d like to discontinue your benefits. The veteran may reapply for the same benefit by submitting a new application that will be treated as an original claim.
Why You Could Lose Your Benefits
A few common circumstances under which a veteran may involuntarily lose their VA disability benefits include the following:
Other Ways of Losing Benefits Already Paid by the VA
Benefits may be lost for reasons other than overt acts by the veteran. The VA may determine that overpayments were made. This determination may take place for reasons such as the following:
Does the VA Re-Evaluate Disability Cases?
Medical re-examinations may be required by the VA after the veteran has been separated from service for six months and again between two and five years later.
What happens if a veteran's disability is not permanent?
When this occurs, a veteran may see a drop in their disability benefits. The VA may also determine that the disability no longer exists, and the benefits may be discontinued. The VA is required to issue notice of the proposed reduction or termination and give the veteran time to submit evidence and request a hearing.
What does it mean when a VA rating is 100%?
A permanent rating is not to be confused with total disability. Total means the veteran’s disability is rated at 100% disabling. If a disability is rated at 100%, that indicates the veteran is completely disabled.
Why do veterans have to go to periodic medical examinations?
Veterans with disabilities that are not considered permanent may be sent for periodic medical examinations in order for the VA to evaluate and rate their disabilities. If there is medical evidence that a veteran’s disability has improved, the VA might reduce the currently assigned disability rating.
Can the VA reduce my disability?
If a veteran is found to be a fugitive felon while receiving VA disability benefits, the VA will discontinue disability benefits from the date of the warrant. Once the veteran is no longer considered a fugitive felon, the VA is supposed to resume the veteran’s disability benefits.
What happens if you don't attend a VA appointment?
If you don’t attend the appointment or provide supporting evidence for your case, the VA can reduce or terminate your benefits. The Notice of Reexamination should include contact information where you can reschedule your appointment if necessary.
How long does it take to get a VA disability hearing?
You have 30 days to request a hearing if you wish to contest the VA decision, and you have up to 60 days to submit evidence that a reduction in your rating is not warranted. Keep in mind, the VA cannot reduce your service-connected disability rating without first sending you notice.
Why does the VA want to reexamine you?
The VA wants to ensure they are compensating you for your injuries at an appropriate rate. When you are assigned a disability rating , the VA also determines if they will want to reexamine you in the future. This typically only happens for injuries that have a reasonable expectation of improving over time.
What is protected rating VA?
Protected VA Disability Ratings. Certain VA disability benefits are considered Protected Ratings, according to the VA (though others say the term “protected” is a misnomer ). This is where it helps to be able to find and read the appropriate regulations or find an expert who can help you through the task.
Why is age 55 important for VA?
Age 55 is significant because it represents an age at which the VA assumes the veteran is too old to reasonably reenter the workforce (keep in mind VA disability ratings represent your ability to perform work at the level you were able to before you had the injury while you were serving in the military).
What is a 100% VA rating?
Most veterans with a 100% rating have one or more major service-connected medical conditions, and possibly additional multiple less-severe injuries. The VA must prove the veteran is able to perform substantial work even with this assortment of medical conditions.
When does the VA send a notice of reexamination?
The VA may send a Notice of Reexamination at pre-scheduled interval (such as the aforementioned two to five years), or when they have material evidence there has been a change in your medical condition. This could be evidence that your situation has improved or disappeared.
Why do veterans lose their VA benefits?
Veterans could lose their VA benefits for two reasons: Incarceration and multiple foreclosures. For incarcerated veterans, a reduction or loss of benefits is determined by the crime committed and the resulting prison sentence E.G. whether the offense was a felony or misdemeanor.
What happens to disability benefits after 61 days?
Imprisonment for a felony will result in the reduction of disability benefits following the 60th day of time served. On the 61st day, the inmates’ disability rate will drop to 10 percent if it was previously above 20 percent. If the rate was 10 percent it will be reduced to half of that.
Why does the VA have to foreclose on a home?
Because the VA guarantees their loans, a foreclosure on a VA home loan causes the government to lose money when the borrower stops making payments.The government will not issue a future loan to someone with an unpaid balance and two foreclosures. Note that one foreclosure is not grounds for a loss of benefit. ...
What benefits do you lose if you go to prison?
Benefits commonly affected by a prison sentence include educational as well as disability entitlements. Veterans who have more than one foreclosure will lose their VA home loan benefit, though this entitlement can be regained.
How long does it take for VA benefits to resume after release?
Furthermore, this release date must be confirmed with the VA 30 days from release.
Can you get a second VA loan if you have foreclosed on a VA loan?
Note that one foreclosure is not grounds for a loss of benefit. In fact, if you have foreclosed on a VA loan, you can apply for a second VA loan. For veterans who have foreclosed twice, the good news is that losing this benefit isn’t necessarily permanent.
When will the disability pension stop?
Payments will stop on the 61st day of incarceration.
How much is the VA disability rate for incarcerated veterans?
Incarceration. For veterans who are incarcerated for a felony, VA will reduce their benefits down to the 10% rate on the 61 st day of their incarceration. In the event that a veteran was receiving the 10% disability rate before they were incarcerated, their benefits will be reduced by half on their 61 st day of imprisonment.
Why is my VA overpayment?
Common causes of an overpayment are that a veteran did not notify VA of the death of a dependent or a divorce, and thus the veteran continued to receive dependency benefits, or, a veteran did not notify VA that they were incarcerated (see section on incarcerations below). When an overpayment has been created, there are a number ...
What happens if a veteran is a fugitive felon?
If a veteran is found to be a fugitive felon while they receive VA disability benefits, VA will discontinue all disability payments. They will usually discontinue the payments from the date of the warrant for the veteran. According to the M-21 Manual, in the event that a veteran is no longer considered a fugitive felon, ...
Can VA stop disability payments?
However, if VA does find that severance of service connection is warranted, it will discontinue the veteran’s disability payments as the veteran will no longer be service connected for that condition.
Can veterans receive disability benefits?
Essentially, veterans cannot receive one of the benefits listed below AND disability compensation from VA. So if they receive VA disability compensation, they must pay back the amount of their separation pay, severance pay, etc. According to VA’s M-21 Manual, VA prohibits the payment of disability compensation if the veteran received the following:
Can VA sever service connection?
VA can only properly sever service connection for a veteran’s disability if there is finding of fraud or if a clear and unmistakable error was made in the decision that granted service connection. In cases where the veteran has been service connected for the condition for ten years or more, VA can only sever when there is a finding of fraud.
Does the VA reinstate benefits after release?
VA is supposed to reinstate the veteran’s full benefits on the day they are released from prison. However, the veteran is responsible for notifying VA when they are scheduled to be released or if they have already been released.
How does a felony affect disability?
Only felony convictions resulting in imprisonment of more than 60 days will affect your disability compensation . If you are in a work release program, a halfway house, or under community control, your disability compensation will not be affected because this is not considered incarceration.
How long can you be on disability if you pleaded guilty?
For this reason, you should think carefully before pleading guilty to a criminal charge. If your sentence will be longer than 60 days , your guilty plea will very likely interfere with your veterans benefits. Fortunately, if you have a spouse or children, you may be able to divert some of your lost disability compensation to them.
Can a criminal conviction affect veterans benefits?
If you are facing criminal prosecution, your veterans benefits may be on the line. Although criminal charges alone will not affect your benefits, a conviction for a crime that results in imprisonment may result in a reduction of your disability compensation or the suspension of your non-service connected pension payments.
Can you lose your veteran benefits?
The loss or reduction of your veterans benefits can be disastrous to you and your family. But with an experienced lawyer by your side, you can ensure that you are getting the most benefits possible under the circumstances.
Can you lose military disability if you are in a halfway house?
If you are in a work release program, a halfway house, or under community control, your disability compensation will not be affected because this is not considered incarceration. If your conviction triggers military disability compensation penalties, you will not lose the benefits altogether. Instead, they will be reduced by half.
Why did VA volunteer resign?
In the meantime, word of this issue has spread to Veterans across the Country. Some Veterans who were serving in VA volunteer positions resigned because they feared their Unemployable rating was in jeopardy.
Why was a veteran downgraded?
It seems that a Veteran who was a volunteer on the Veterans Mental Health Council at one of the VA Medical Centers had been downgraded on his Service Connected mental health disability because the volunteer work he was doing “showed that he could work.”. I began to investigate this issue and discovered more than one Veteran at more ...
What is a response to a VA issue?
It would help both VA and Veterans if the Veterans Benefits Administration (VBA) would issue a response to this issue from a VBA office that is high up in the chain-of-command; a position above the VA Regional Offices. A response from a position above VA Regional Offices is needed so that Veterans can rely on whatever the response is and not be concerned that individual VA Regional Offices might have different interpretations of the issue. A full explanation of the truth or non-truth of the issue, more than just a quote from the applicable law, and one that addresses the specific issue would be most helpful. (I and others have researched and read the applicable law. However, we all know that the law is subject to interpretation).
What is the maximum mental health rating for veterans?
Veterans with combined schedular ratings of 100% (with up to a 70% Mental Health rating) can be employed without restriction.
Why is a response from a position above VA Regional Offices needed?
A response from a position above VA Regional Offices is needed so that Veterans can rely on whatever the response is and not be concerned that individual VA Regional Offices might have different interpretations of the issue. A full explanation of the truth or non-truth of the issue, more than just a quote from the applicable law, ...
Can you get a ticket to work for a disability?
But even here, the federal government has a clear guideline that all vocational employment specialists understand with respect to Social Security, and that is that up a certain level of employment, even wity disability, one can obtain what is called a Ticket to Work permitting the vetern to obtain what is described in the VBA document (insultingly, I might add)as “marginal employment.”
Can veterans work if they receive unemployability benefits?
Veterans who are in receipt of Individual Unemployability benefits may work as long as it is not considered substantially gainful employment. The employment must be considered marginal employment.
How Can a VA Benefits Attorney Help Me?
If you have been wrongly denied VA disability benefits because of marijuana use, call us today at 866-232-5777, and we can help you. We have helped thousands of veterans get the benefits they deserve. You will not pay us unless we win your appeal, see if we can help by reaching out today.
When will the VA start allowing medical marijuana?
The Veterans Medical Marijuana Safe Harbor Act was first introduced in the Senate in February 2019 and was reintroduced into the current Congress in April of 2021. The bill would allow doctors at the VA to prescribe medical marijuana to veterans in states that have established medical marijuana programs. The bill would also create a temporary five-year safe harbor protection for veterans who use medical marijuana and would encourage the VA to research how medical marijuana could help veterans better manage chronic pain and reduce opioid abuse.
Why do VA doctors do routine urinalysis?
Another purpose of routine blood tests and urinalyses is to ensure that you are taking your prescribed medications properly. The VA’s policy states that it is up to each treating doctor to decide how to handle a veteran’s marijuana use. VA doctors cannot prescribe medicinal marijuana, but they can choose to ignore the use of it if they do not see a problem.
What drug test is used in VA?
The VA uses the standardized 4 drug detection kit. This test shows the presence of narcotics (Vicodin, morphine, Oxycontin, and others), marijuana, cocaine (or crack), and amphetamines. Some tests might detect benzodiazepines such as Valium and similar drugs.
When will the VA Medical Cannabis Research Act be passed?
The VA Medical Cannabis Research Act of 2021 was introduced into the Senate on April 29, 2021. This is not the first time legislation like this has been considered by Congress.
Do VA hospitals check for drugs?
When you have routine lab work done such as blood tests or urinalyses at any VA hospital or clinic, they may check for drugs. It is important to note that blood tests and urinalyses are performed to check for conditions and abnormalities, not to specifically check for the presence of drugs.
Can veterans use marijuana?
However, if a veteran participates in a state marijuana program, that does not affect eligibility for VA services and care. VA providers are encouraged to discuss marijuana use with veterans to aid in comprehensive care planning and to adjust treatment plans as needed.
