lose disibility

[bmartin123]

hi can someone tell me cyou lose your 100% disability

 

[pacmanx1]

6 minutes ago, bmartin123 said:

hi can someone tell me cyou lose your 100% disability

We would need more information about the situation to give better advice. With that said, if you are rated 100% for convalescence, then that rating would be re-evaluated after your recovery time, but it could be extended. If you are rated a combined 100% rating it is not likely for the VA to reduce your rating.  

[Dustoff1970]

If the VARO raters believe that one or more of your disabilities has improved then they may propose a reduction in one of those disabilities thus reducing your 100% rating.   In the old days from 1985 to 2000 the VA raters could not (usually) reduce a disability rating until after two separate C&P exams showed an improvement in one or all of the disabilities and these exams were conducted one year apart from each other.  I know this from my own experience.

Also then the 38 CFR regulation stated that the C&P exam for revaluation had to be "as complete and full as the initial exam establishing service connection for the disability rating level"

Rules of today state that a disability/s are considered as static after 5 years and after 10 years the rating cannot be terminated but can be reduced and after 20 years the rating cannot be reduced or terminated unless fraud was used to get the rating/s.

If you are over age 70 then this is also considered another factor for unlikely reduction unless the raters have strong evidence supporting your substantial improved medical condition.  Same goes for a 5 year static rating.

All temporary 100% ratings can be reduced at any time if your conditions improved such as a 100% convalescence rating after a surgery or another procedure that results in you receiving a 100% temporary rating for recovery.

My comment is not legal advice as I am not a lawyer, paralegal or VSO.

 

[broncovet]

"If" you are permanent and total OR over 5 years at that same disability rating, its hard for the va to reduce you.  They have to demonstrate "actual improvement under ordinary conditions of life" (not with prolonged rest).  And, the improvement needs to be "sustianed improvement".  

For more information, read the criteria: It explains, what Dustoff said, in some detail.  

Quote

§ 3.344 Stabilization of disability evaluations.

(a) Examination reports indicating improvement. Rating agencies will handle cases affected by change of medical findings or diagnosis, so as to produce the greatest degree of stability of disability evaluations consistent with the laws and Department of Veterans Affairs regulations governing disability compensation and pension. It is essential that the entire record of examinations and the medical-industrial history be reviewed to ascertain whether the recent examination is full and complete, including all special examinations indicated as a result of general examination and the entire case history. This applies to treatment of intercurrent diseases and exacerbations, including hospital reports, bedside examinations, examinations by designated physicians, and examinations in the absence of, or without taking full advantage of, laboratory facilities and the cooperation of specialists in related lines. Examinations less full and complete than those on which payments were authorized or continued will not be used as a basis of reduction. Ratings on account of diseases subject to temporary or episodic improvement, e.g., manic depressive or other psychotic reaction, epilepsy, psychoneurotic reaction, arteriosclerotic heart disease, bronchial asthma, gastric or duodenal ulcer, many skin diseases, etc., will not be reduced on any one examination, except in those instances where all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated. Ratings on account of diseases which become comparatively symptom free (findings absent) after prolonged rest, e.g. residuals of phlebitis, arteriosclerotic heart disease, etc., will not be reduced on examinations reflecting the results of bed rest. Moreover, though material improvement in the physical or mental condition is clearly reflected the rating agency will consider whether the evidence makes it reasonably certain that the improvement will be maintained under the ordinary conditions of life. When syphilis of the central nervous system or alcoholic deterioration is diagnosed following a long prior history of psychosis, psychoneurosis, epilepsy, or the like, it is rarely possible to exclude persistence, in masked form, of the preceding innocently acquired manifestations. Rating boards encountering a change of diagnosis will exercise caution in the determination as to whether a change in diagnosis represents no more than a progression of an earlier diagnosis, an error in prior diagnosis or possibly a disease entity independent of the service-connected disability. When the new diagnosis reflects mental deficiency or personality disorder only, the possibility of only temporary remission of a super-imposed psychiatric disease will be borne in mind.

(b) Doubtful cases. If doubt remains, after according due consideration to all the evidence developed by the several items discussed in paragraph (a) of this section, the rating agency will continue the rating in effect, citing the former diagnosis with the new diagnosis in parentheses, and following the appropriate code there will be added the reference “Rating continued pending reexamination ______ months from this date, § 3.344.” The rating agency will determine on the basis of the facts in each individual case whether 18, 24 or 30 months will be allowed to elapse before the reexamination will be made.

(c) Disabilities which are likely to improve. The provisions of paragraphs (a) and (b) of this section apply to ratings which have continued for long periods at the same level (5 years or more). They do not apply to disabilities which have not become stabilized and are likely to improve. Reexaminations disclosing improvement, physical or mental, in these disabilities will warrant reduction in rating.