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