Login|Contact Us
Question and Answer

Military Law

Ask a Military Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

I have been on VA disability benefits for over 6 years. Currently

 
psimmons's Avatar
  • Answered by:psimmons
  • Military Lawyer
  • Positive Feedback: 97.9 %
  • Accepted Answers: 10364
Verified Expert
in Military Law

Recent Feedback

Positive
This guy really knows his stuff. Very helpful.
Positive
Very substantive response and gave direction on the next step.
Positive
nice to work with--expresses really bad news in a gentle way
Positive
I am very pleased with the speed I received this info back. The answer is easy...
Positive
fast asnwers--very professional--nice to work with
Positive
Rapid and accurate responses - very helpful and knowledgeable! Saved me quite a...
Positive
This is helpful! Thank you.
Positive
Thank you again for your advice, Valerie
Positive
I was pleased with the service. Sorry you have to deal with an idiot like me....
Positive
Type your review here...

Customer Question

I have been on VA disability benefits for over 6 years. Currently I am rated at 100%, total and permanent. At this time I am in remission. Can the VA reduce my benefits due to this.

 

Optional Information:
State/Country relating to question: Pennsylvania

Already Tried:
Nothing yet since I am only scheduled for a blood test.

Submitted: 351 days and 4 hours ago.
Category: Military Law
Value: $30
Status: CLOSED

Accepted Answer

Picture
Expert:  psimmons replied351 days and 4 hours ago.

Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Yes. They can. The VA can examine and lower a claimant if there is evidence that the condition has improved.

Now, if the rating has been in effect more than 5 years, the VA must show that the improvement is "sustained".

And if the rating has been in effect for more than 20 years, they can not change unless they can show fraud.

In your case, since the rating has been in effect more than 5 and less than 20 years, the VA can only reduce if they can how that the improvement is "sustained".

The reference for this is 38 CFR 3.344c

Expert TypeMilitary Lawyer
Category: Military Law
Pos. Feedback: 97.9 %
Accepts: 10364
Answered: 7/2/2012

Experience: Retired Marine Corps Lawyer, Veterans Services Officer (VSO)

Ask this Expert a Question >
 
Tweet

2 Military Lawyers are Online Right Now

Ask Your Question Now
Military Law Questions Date Submitted
IN 1972 I GOT A BAD CONDUCT DISCHARGE 6/11/2013
My husband is an E-5 and has served with the National Guard 6/9/2013
An individual enters the service, completes basic training, 5/31/2013
if a soldier is posted overseas, in a camp, in Africa, wants 5/29/2013
Hello, I am a Marine who recently got processed out of the 5/29/2013
may a marine recieve a 6105 before getting a page 11. I currently 5/20/2013
I am a retired military member and my wife wants a divorce. 5/19/2013
If allegations are brought against a member of the U.S. military 5/14/2013
I'm AF (CAPT). While I'm not trying to play games, I would 5/13/2013
I received a ticket for minor in possesion for an unopened 5/5/2013
RSS
Next 10 >
Ask A Military Lawyer
Type Your Military Law Question Here...
characters left:

Top Military Law Experts

See More Military Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
 
 
 

Recent Articles in Military Law

  • UCMJ Article 15
  • Dependency and Indemnity Compensation
  • UCMJ Treason Laws
  • Punitive Discharge Questions
  • Military Administrative Discharge
  • Special Court Martial Questions
  • Good Conduct Medal Regulation
  • UCMJ Article 32 Questions
  • Military Promotion Questions
  • Military Retirement Laws
All Military Law Articles
 
 
 

Ask a Military Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
211 Military Lawyers are Online Now
Type Your Military Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us | Our Network
© 2003-2013 JustAnswer LLC
  • Pearl.com
  • JustAnswer UK
  • JustAnswer Germany
  • JustAnswer Spanish
  • JustAnswer Japan