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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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Question

Does anyone out there know of the Section within Title 38, which states that the VA, has to give you a C&P exam prior to lowering a Disability Rating?  I went in for a C&P for A&A, they denied it, put in the process lowered some other Disability Rating, that had nothing to do with what I went for in the first place.  I've been trying to find that section regarding lowering a present Disability without an exam.  

Any assistance would be greatly appreciated.

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This might be what you are looking for:

§3.552  Adjustment of allowance for aid and attendance

However, the situation may vary depending on the circumstances. Regardless, they should have sent you a letter explaining their proposal to reduce a rating that includes their justification. You should have a window to respond (30 or 60 days I think), otherwise the reduction will occur. If you could provide the text of the reduction letter, with your private information redacted/omitted, other members can help advise.

 

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Flyingfishingnut

clink on this link it may shed some light on your C&P Re- Examinations read the whole thing.

Maybe this will help you.

https://themilitarywallet.com/can-the-va-reduce-disability-benefits/

Edited by Buck52

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You are likely referring to protected ratings.

 

5 year rule: If the rating has been in effect for 5 years, it cannot be reduced unless your condition has improved on a sustained basis (The VA must have documentation supporting this is a permanent improvement).

10 year rule: A service connected disability rating cannot be terminated if it has been in effect for 10 years. Compensation can be reduced if evidence exists that the condition has improved. The sole exception is if the VA can prove fraud, in which case the VA can terminate the benefits.

20 year rule: If the rating has been in effect for 20 years, it cannot be reduced below the lowest rating it has held for the previous 20 years. The only exception is if the VA can prove fraud.


Nothing states anything about requiring a C&P exam.  Just that improvement is shown. 

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I've also read once that the va cannot use one C/P exam as the reason for a reduction, simply because medical conditions can change on a daily basis..... 

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R1954, take another look at Bronc, Buck's and T-hawk's above posts. If the SC hasn't been held for "5" FIVE YEARS it's fair game for a Reduction Proposal. Either a Rating Dept's "Diary Dated" C-File re-exam or the Vet filing for a New Claim during the FIVE Years could trigger the Reduction Letter. An actual C & P Exam or recent VMC Clinician Treatment Notes indicating improvement is all that would be necessary.

A Vet has only 60 Days to NOD the Reduction Intent Letter. 

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