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The U.S. Department of Veterans Affairs (VA) can take away your disability rating if it determines you received your rating fraudulently, or if it determines it made a “clear and unmistakable error” when issuing your rating.

For example, if someone steals another person’s identity to obtain disability benefits, VA will stop those benefits as soon as it receives notice of the fraudulent activity.

Or, if VA determines it erred when it issued your rating (e.g. a rating specialist determined your medical condition was more severe than it actually is), it may take away or reduce your rating.

What VA Must Do to Take Away Your Disability Rating

If VA decides to take away your disability rating, it must first send you a notice. This notice must discuss why VA is proposing to sever or reduce your benefits, and include paperwork for you to respond to the proposal. You may have the option to request a hearing.

Our team at Chisholm Chisholm & Kilpatrick LTD may be able to help you during this appeal.

In Many Cases, VA Will Reduce Rather Than Sever

There are certain circumstances in which VA can issue a rating reduction as well.

If VA receives “new and material” evidence proving that your condition has improved since you last received a rating, it may attempt to reduce your rating. It may also do so if it determines your condition has improved following a periodic reexamination.

For veterans receiving Total Disability Based on Individual Unemployability (TDIU) benefits, VA can revoke TDIU if it determines that you are able to obtain and maintain substantially gainful employment for at least 12 months.

When VA Cannot Take Away Your Disability Rating

VA regulations do provide protections in certain situations:

  • your condition has been service connected for at least 10 years;
  • you have a disability that VA has found to be permanent in nature;
  • your condition has maintained the same disability rating for 20 years or more.

Our Team May be Able to Help You Argue Against Rating Reductions

While it is difficult for VA to take away or reduce a disability rating, it is still possible. The team at Chisholm Chisholm & Kilpatrick LTD may be able to help you fight to keep your disability rating.

To get help from our veterans’ advocates today, call 800-544-9144.

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  • It has been one of the best legal experiences that I have personally encountered. Their follow up and their follow thru has been on perfect terms. Wow, they have given me a celebrity experience! Impressive! Read More » K. Nade, October 2017
  • These people are FANTASTIC!!! I highly recommend this firm to Veterans everywhere. Honest Legal Help like this is priceless and they are extremely skilled. So Satisfied with the results...5 stars!! Read More » Anonymous, October 2017
  • I cannot begin to say how grateful I am to this Firm. From the Class A staff to the Lawyers, there are no complaints. Everyone treated me fantastic!! After 30 yrs of fighting on my own, they were able to win my case in less than 15 months. Read More » C. Marie, September 2017
  • My case was initially rejected by the VA but with the thorough review by CC&K , the VA agreed with the case that CC&K made and awarded my initial rating of 30% retroactive to 1975. Read More » Edward M., September 2017
  • We had struggled for eight plus years, with the VA, and got nowhere. Our case was sent to CC&K and in less than one year, we were they won all his back pay and 100% rating. We could not be more pleased. We highly recommend this firm for anyone struggling with the VA. Read More » Anonymous, September 2017
  • I thought I could go it alone. I filed several disability claims through the VA only to be denied over and over again. I knew I needed help. I found that help with the law firm of Chisholm Chisholm & Kilpatrick. They filed for me and won. Read More » Gene W., July 2017
  • I'm so glad we sought the help of CCK on my husband's VA claim. We had been going back and forth with the VA for 5 years on his claim without seeing any progress. Then we found CCK and the case was resolved in about a year! Read More » Sarah C., June 2017
  • I was fighting for my VA disability compensation for 10 years. I was ready to give up and then CCK took my case. I immediately felt at ease because they kept me informed every step of the way and there was so much less stress for me. Read More » Raul B., March 2017
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