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.
State/Country relating to question: Pennsylvania
Nothing yet since I am only scheduled for a blood test.
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
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
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).