Can the VA reduce your disability benefits?
There are three main scenarios in which the VA could lower your monthly disability payments. The first concerns jail or prison time. If you are incarcerated for more than 60 days in any jail or prison, the VA can cut your benefits. If you had a 20% or greater service-connected disability rating, it can be reduced to 10%.
Will VA benefits be discontinued?
The VA may also determine that the disease or disability no longer exists, and the benefits may be discontinued. Permanent or Long-Term Disabilities In cases where the disability was determined at the outset to be static, or permanent, or if the disability has not improved in five years and is not likely to improve, the VA is not likely to require a re-examination.
How long does it take the VA Yo process back pay?
You will be awarded your back pay as soon as your claim is approved. Often the VA will issue your back pay quickly, usually within a matter of months from the approval of your claim. Sometimes, however, there are unexpected delays. Other delays can occur if you file an appeal.
How long does it take to receive VA benefits?
You will generally get an initial rating within six months of filing a claim, but the actual length of time for claims has varied widely from 90 days to 2 years. To understand why the process takes so long and is so variable, it helps to understand how the process works. First Things First: Who Can Qualify To Receive VA Benefits?
What can cause you to lose your VA benefits?
We discuss a few common reasons why veterans may not be receiving all of their VA disability compensation, or why they are suddenly not receiving any.Severance of Disability. ... VA Overpayments. ... Recouping Severance or Separation Pay. ... Run-Ins with the Law.
Can the government stop VA benefits?
VA benefits remain available during a government shutdown, but peak processing times for certain benefits can coincide with federal budget troubles in Washington, D.C. In addition, other benefits may be directly affected by a furloughed veteran's ability to make payments on VA home loans, etc.
Can the VA take away 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.
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.
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...
Can you terminate your VA benefits?
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).
Can you terminate your VA benefits if you have been receiving service connected benefits for less than ten years?
Even if you have been receiving service-connected benefits for less than ten years, it is still quite rare for the VA to terminate these benefits.
Can the VA reduce your rating?
Unless the reexamination report shows material improvement, the VA cannot reduce your rating. If you can get a private (non-VA) doctor to give a medical opinion that your medical condition hasn't improved since the 100% rating was instituted or continued, this will help protect your rating from reduction.
Can the VA reduce your disability?
If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
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 happens if you miss a VA appointment?
If you miss your scheduled appointment, the VA can reduce or terminate your rating without additional warning. Reestablishing your rating could take some time, or may be impossible, barring a legitimate reason for missing the appointment. You can also request a hearing if the VA wishes to reduce your rating.
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.
How long can a VA service connected disability be in effect?
10-year rule: A service connected disability rating cannot be terminated if it has been in effect for 10 years.
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.
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.
Can you reexamine your VA service connected disability?
When you are awarded a VA Service-Connected Disability rating, the VA retains the right to reexamine you to determine if your disability is still present and warrants the original rating. In short, it is possible for the VA to increase, reduce, or terminate, disability benefits based on a reexamination.
How long does a VA disability last?
VA regulations do provide protections in certain situations: your condition has been service connected for at least 10 years; you have a disability that VA has found to be permanent in nature; your condition has maintained the same disability rating for 20 years or more.
How long can you keep a TDIU?
For veterans receiving Total Disability Based on Individual Unemployability (TDIU) benefits, VA can revoke TDIU if it determines that you are able to obtain and maintain substantially gainful employment for at least 12 months.
Does VA reduce rating?
In Many Cases, VA Will Reduce Rather Than Sever. There are certain circumstances in which VA can issue a rating reduction as well. If VA receives “new and material” evidence proving that your condition has improved since you last received a rating, it may attempt to reduce your rating.
Can the VA take your disability?
Department of Veterans Affairs (VA) can take away your disability rating if it determines you received your rating fraudulently, or if it determines it made a “clear and unmistakable error” when issuing your rating.
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 ...
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.
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, ...
Do veterans have to pay back severance pay?
If a veteran received severance pay or separation pay upon their separation from military service, and is later granted VA disability benefits, the veteran will have to pay back their severance or separation pay. Essentially, veterans cannot receive one of the benefits listed below AND disability compensation from VA.
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.
What happens if the VA does not reduce your disability?
If the VA does not follow the rules and regulations when proposing a reduction, the reduction is considered void and unlawful. If the VA has determined that your current disability rating warrants reduction, they must first issue a notice of proposed reduction. This first notice gives you 60 days to submit evidence to show ...
What to do if you receive TDIU and start working again?
If you’re receiving TDIU and start working again, you should notify the VA of your change in employment. Remember, the VA is going to look into a few factors. They’ll look into: How much money you’re making. How long you’ve had the job. What accommodations your workplace provides.
What happens if you don't show up for the unemployment exam?
Attending the examination is very important. If you do not show up, your benefits will be automatically reduced or terminated. If you are unable to attend on the date scheduled, you must call and reschedule, or have a very good reason explaining your absence.
Can a veteran discontinue TDIU?
However, in cases where the veteran has not returned to work, then the VA has to have really good evidence to discontinue TDIU. Under the regulations, if the VA determines that the veteran has sustained improvement and that such improvement warrants reduction of a TDIU rating, but the record reflects that the veteran is unable to engage in ...
Can the VA take away TDIU?
The takeaway is that even if the VA reduces a disability rating, they can’t take away TDIU unless they have evidence that is clear and convincing of marked improvement unequivocally demonstrating that you have regained the physical or mental capacity to return to the workforce on a sustained basis.
Can you re-examine a VA case before 60 days notice?
If you submit evidence prior to the expiration of the first 60 day notice, there is a possibility that the VA will find reasonable basis to send you for a re-examination. If it decides to do so, the final rating action is deferred pending the outcome of the new examination.
Can TDIU be reduced?
In other words, in cases where your disability has materially improved, your TDIU rating can still be protected from reduction if the evidence shows that you are unable to work due to your service-connected disability .
States That Have Legalized Marijuana
The states listed below are states that have fully legalized marijuana, meaning that it is decriminalized and can be legally used for medicinal purposes or otherwise.
If I Use Marijuana, What Does That Mean for My VA Benefits?
Because marijuana is considered a Schedule One Controlled Substance at the federal level, the U.S. Department of Veterans Affairs is required to follow all federal laws and regulations, including those about marijuana. This means that VA health care providers are not allowed to recommend or assist veterans in obtaining it.
Does the VA Drug Test?
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.
Are Marijuana Use and Willful Misconduct Related?
Unfortunately, there is not a simple answer to this question. Willful misconduct is an intentional act or omission which is in disregard of a known risk. If you receive a willful misconduct finding, you may not be eligible for VA disability benefits.
The VA Medical Cannabis Research Act of 2021
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.
The Veterans Medical Marijuana Safe Harbor Act of 2021
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.
Marijuana for PTSD Symptoms
Veterans who suffer from PTSD have been reporting for years that cannabis helps manage their PTSD. There have been multiple studies examining the relationship between cannabis and PTSD symptoms.
