By N. Albert Bacharach, Jr. — U.S. Department of Veterans Affairs accredited attorney (Accreditation No. 14363; VA POA Code 4EQ), Florida Bar No. 209783. Fifty years representing veterans nationwide.
Quick answer: Sometimes — but veterans have far more protection than most realize. A rating in place five or more years cannot be reduced without sustained improvement shown by the full record. Service connection held for ten years cannot be severed absent fraud. A rating held for twenty years cannot be reduced below its lowest level during that period. And a 100% rating cannot be reduced without material improvement in your ability to function under the conditions of daily life.
Reexaminations
The VA may schedule review examinations where improvement is expected. Never skip one — failure to report can itself trigger reduction or termination. But a single snapshot exam is not supposed to outweigh a longstanding disability picture.
The 5-Year, 10-Year, and 20-Year Rules
Under 38 C.F.R. § 3.344, ratings stable for five years or more require evidence of sustained improvement, not a one-time better day. Under § 3.957, service connection in place for ten years may not be severed except for fraud or lack of qualifying service. Under § 3.951(b), a rating continuously held for twenty years may not be reduced below the lowest rating held in that period.
Due Process Before Any Reduction
The VA must issue a proposed reduction, give you 60 days to submit evidence, and offer a predetermination hearing. Reductions are frequently defeated at this stage — or reversed on appeal — because the VA applied the wrong standard or relied on an inadequate examination.
If You Receive a Proposal to Reduce
Act inside the 60-day window. The burden is on the VA to justify a reduction, and an experienced advocate can hold the agency to it.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Every case is different.
Related Reading
- VA disability claims representation
- how VA back pay and effective dates work
- answers to common VA disability questions
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