Proposed Rating Reduction
You got some bad news today, so go ahead and have your brief moment of anxiety and panic.
But know that not all is loss and that there are steps and procedures in place to handle this situation!
Proposed Rating Reduction
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You got some bad news today, so go ahead and have your brief moment of anxiety and panic.
But know that not all is loss and that there are steps and procedures in place to handle this situation!
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What to Do
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Take a deep breath.
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Request a personal hearing IMMEDIATELY! The VA will continue to pay you at your current Combined disability rate until after the reduction process has finished - but ONLY if you request a hearing quickly!
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To request a hearing upload a Personal statement informing the VA of your desire for a personal hearing HERE.
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Develop a plan to win while you wait to be scheduled for a hearing! That means reading the decision letter enclosed in your proposed reduction letter to see why the VA feels a reduced rating is appropriate, obtaining additional medical evidence, DBQs, personal statements, Buddy statements, etc. Be sure to have Upload your evidence BEFORE the hearing!
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Eventually, you will receive a letter letting you know that a predetermination hearing has been scheduled. This letter will include information such as when and where the hearing will take place.
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After the hearing a determination will be made as to whether or not to reduce your rating(s). If you disagree with the outcome of the hearing you CAN continue to appeal the decision like you would any claim. For more information on appeals click HERE.
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But do know you will NOT maintain your former rate of pay while you continue your appeal.
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IMPORTANT NOTE:
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If the VA does NOT receive a request for a hearing within 30 DAYS of the date on the letter your reduction can become effective as soon as the following pay period!
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Reductions WITHOUT Due Process
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The VA CAN reduce a Veteran's ratings WITHOUT due process IF doing so would result in the Veteran's combined rating NOT being changed.
Which means, you will have to Appeal this reduction as you would normally.
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Rating Protections
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Do know that for Veterans who have held their ratings for various amount of time, certain legal protections are in place to prevent reductions. For more information click HERE.
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FAQ
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Are there options to have hearings done, not in person?
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Yes, you may have the option to request a hearing done over the phone or virtually (webcam).
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Will the VA reimburse me for mileage for attending a hearing?
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The VA will NOT pay the Veteran mileage for attending a hearing.
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Can I have a VSO or an attorney represent me during the hearing?
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Yes.
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Will I get back pay if I fight my reduction and win?
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Yes, if your pay was ever reduced OR there was a reduction without due process and the restoration of said rating would have resulted in your combined rating increasing.
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I missed the window for requesting a hearing, can I still get a hearing?
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You can still request a hearing, after the window has closed - just know the VA does NOT have to give you one at that point. But it is certainly worth a try!
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Can I submit evidence without requesting a hearing?
Yes, you can upload evidence Here.
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