Can the VA Take Away My Disability Benefits?
We understand that you depend on your VA disability benefits to support your household, which is why our Kalamazoo, MI VA lawyers do everything in their power to help your case.
If you have a condition that’s expected to improve, the VA reserves the right to examine you at a later time to see if your disability has lessened or even disappeared over time. However, certain circumstances can prevent the VA from severing your .
To receive personalized advice on your case, request a consultation with one of our VA disability attorneys in Kalamazoo, MI.
We do everything in our power to make sure you receive the you deserve after serving our country.
Can the VA take away my disability?
If you have a condition that’s expected to improve over time, the VA will most likely re-evaluate your condition within 2 to 5 years of your initial examination. The VA may also re-examine your VA disability rating if there’s obvious evidence that your condition has improved or even disappeared. If this is the case, the VA may take away your VA disability benefits.
The VA will schedule an examination to determine if your VA disability rating is still appropriate for how much your service connected disability affects your ability to function, as well as your quality of life. It is vitally important that you attend this appointment or reschedule it for a better time. Otherwise, the VA will have grounds to reduce or even terminate your VA disability benefits.
Is my VA disability rating permanent?
Not all types of service connected disability are permanent. For this reason, the VA reserves the right to re-examine any veteran whose condition is expected to improve over time. The only exception would be if you were protected by a permanent and total disability rating or you have a condition that’s never expected to improve. For example, a veteran with an amputated leg has a permanent service connected disability.
When does my VA rating become permanent?
You have more protection if you’ve been receiving VA benefits for a service connected disability for at least 10 years. Under 38 C.F.R. 3.957 in the VA code of regulations, the VA cannot sever your benefits for service connected disability if it’s been in effect for 10 or more years. The only exceptions would be if you obtained VA disability benefits fraudulently, were dishonorably discharged, or didn’t complete requisite service.
Your VA disability rating also becomes permanent if you have a permanent and total disability. This means that you have a 100% disability rating with zero or close-to-zero chance of improvement. If you need help proving the extent of your service connected disability, don’t hesitate to call our VA disability attorneys. We can help you receive the VA disability benefits you deserve.
Our VA disability lawyers are ready to help with your case. To request a consultation with one of our VA lawyers in Kalamazoo MI, call the VA Disability Group at 1-844-VET-LAWS (838-5297).
