VA can reduce your disability rating if the evidence shows sustained improvement in your condition, but there are significant legal protections in place to prevent improper reductions. Before VA can reduce any rating, it must propose the reduction and give you 60 days to submit evidence and request a hearing. The reduction cannot take effect until the first day of the month following 60 days after the proposal notice. Several important protections limit when VA can reduce ratings. If your rating has been in effect for five or more years, VA cannot reduce it unless the improvement is shown to be sustained and based on a thorough examination that is at least as complete as the one used to establish the rating. If your rating has been in effect for 20 or more years, it cannot be reduced at all except in cases of fraud. Ratings that are assigned as static or permanent also have enhanced protections. Even for ratings that have been in effect for less than five years, VA must show actual improvement in the condition, not just a different interpretation of the same evidence. A single exam showing better results does not necessarily demonstrate sustained improvement. If you receive a proposed reduction, take it seriously. Submit any evidence showing your condition has not actually improved, including recent medical records, statements about your ongoing symptoms, and any evidence that the exam supporting the reduction was inadequate.
Note: This article references sections of the VA's M21-1 Adjudication Procedures Manual. The VA periodically reorganizes the M21-1 and section numbers may have changed since this article was written. For the most current section references, visit the VA's public M21-1 Web Automated Reference Material System (WARMS).