Will I Get A Reduction ?

[tj_white]

Hi , I'm new to the site and I must say I love it . Please don't be too hard on me if this question has been asked before . Here goes , I am service connected at 80% . That said, after looking at this site and others like it , I realized I should have claimed other issues . If I file another claim , do I need to worry about a reduction or the VA re-looking at items already service connected . In other words , I don't wanna loose what I already have . What should I do ?

[Philip Rogers]

My feeling is "if you have valid claims you should submit them." The VA may/can look at your current ratings and re-evaluate at anytime. Anytime a new claim is submitted they could look at currently awarded claims and either increase or propose to reduce them. The choice is yours. Generally, I don't think they will unless you could have improved. jmo

pr

[Slowlane]

You might want to do more research on your issues so you will feel comfortable when you do make a new claim or ask for an increase. Plenty of info on this site with some really good people. Slowlane

[NavyWife]

In short, yes it is possible, but not very likely.

Until you get to 20 years of having the ratings, VA can attempt to reduce your ratings, but there are specific rules they have to follow based on how long your ratings have been in effect.

If your ratings are based on objective medical evidence it would be much harder for them to reduce you, as opposed to subjective medical evidence. For example, if your ratings are based on something like Hypertension, which requires a specific blood pressure reading. Even if they scheduled you for a new C&P exam to try to reduce you, the readings probably would not have lessened since your last exam and therefore they could not reduce you. But if your ratings are based on something subjective-up to the opinion of the doctor- like a mental health issue, then it may be easier for them to reduce you since the exam will be based on the doctor's opinion. Even so, in order to reduce you, they have to prove that the medical condition has materially improved. VA must cite evidence of sustained improvement after one review examination, or a preponderance of evidence showing sustained improvement based on more than one examination and explain why it is reasonably certain that improvement will be maintained under the ordinary conditions of life.

Therefore, the VA may not lawfully reduce a disability rating unless it addresses whether the condition has actually improved since the time it was granted.

My opinion, you should file for anything that you feel is a valid claim. They can attempt to reduce you whether you file any new claims or not.

For the issues you are thinking about filing for, have you looked at the ratings guide to see what percent they may rate you at? and then plug that percentage into the combined ratings table to see if you would even get an increase in pay?

Rating Guide link

http://www.benefits.va.gov/warms/bookc.asp#I

Combined ratings calculator link

http://www.vvaarizona.org/combined_disability.php

　

[john999]

I have filed at least 7 claims since I got TDIU. I won them all, except one I am waiting on now. If you have good claims for anything that might really impact your health I would file. If it is 0% for a scar on your butt I probably would skip that unless it hurt me to sit. Use your common sense. The goal is TDIU or 100% if you have serious disability.

John

[meghp0405]

_{if you feel that you have a disability that was diagnosed while on active duty, a disability that has originated secondary to a service connected disability or if you have an IMO from a doctor that states you have a disability and that disability was caused by your active duty service and explains the rationale, then you should file a claim. Collect all your medical documentation to support your claim and submit it with a VA FM 21-526ez (fully developed claim) and submit it to the VARO in your state.}

_{good luck!}