Veterans who receive disability benefits from the Department of Veterans Affairs (VA) often wonder if their benefits can be taken away after being granted. The short answer is yes—under specific circumstances, VA can revoke or reduce a veteran’s benefits. However, veterans have rights and protections that can help prevent unjust reductions or terminations. Understanding the reasons behind VA’s decisions and knowing what steps to take in response is essential for protecting your benefits.
Reasons VA may take away benefits
Sustained improvement and reexaminations
One of the most common ways VA reduces or revokes disability benefits is through a reexamination that shows a veteran’s condition has improved. When a veteran is granted benefits, VA may schedule a Compensation and Pension (C&P) reexamination to determine whether the condition still warrants the same disability rating. These reexaminations are typically required when:
- VA believes the disability is likely to improve over time.
- Medical evidence suggests a material change in the condition.
- The initial rating was assigned based on temporary or fluctuating symptoms.
If VA determines that a veteran’s disability has improved and no longer meets the criteria for the original rating, it may reduce the rating, leading to lower monthly payments. For example, if a veteran’s service-connected cancer goes into remission, VA may lower the disability rating accordingly.
Veterans have the right to challenge a reexamination’s findings if they believe the evaluation was incorrect or did not accurately reflect their condition. This may involve submitting additional medical evidence or requesting a hearing.
Fraud or clear and unmistakable error
VA has strict rules regarding fraud, and if a veteran is found to have provided false information to obtain benefits, VA can revoke those benefits entirely. Fraudulent activities may include:
- Submitting fabricated or misleading medical records.
- Providing false testimony about the severity of a condition.
- Altering or manipulating test results.
In cases where fraud is proven, VA not only revokes the benefits but may also impose fines or pursue legal action against the veteran.
Additionally, VA can revoke benefits if it discovers that the initial decision to grant them was based on a “clear and unmistakable error.” This means that VA mistakenly awarded benefits due to incorrect information or failure to apply the law correctly. Examples include:
- Awarding benefits to a veteran who was dishonorably discharged.
- Granting benefits to a veteran who did not meet the service length requirements.
In such cases, VA can legally terminate benefits, though veterans can appeal the decision if they believe it was unjust.
VA’s process for reducing or revoking benefits
VA must follow specific procedures before revoking or reducing disability benefits. The process typically includes:
1. Notice of Proposed Reduction or Termination – Before making any changes, VA must notify the veteran in writing, explaining why the reduction or revocation is being proposed. This notice must provide details on the medical evidence or reasoning behind the decision.
2. Opportunity to Respond – Veterans have the right to respond to the notice by submitting additional medical evidence, requesting a hearing, or arguing why the benefits should not be changed.
3. Final Decision – If VA proceeds with the reduction, it must provide a final written decision. In cases of rating reductions, VA must prove that the veteran’s condition has shown sustained improvement under normal life conditions.
Protections against benefit reduction
Some disability ratings are protected under VA regulations, meaning they cannot be reduced or revoked under certain conditions:
- 10-Year Rule: VA cannot terminate a service-connected disability that has been in place for 10 years, except in cases of fraud.
- 20-Year Rule: If a veteran’s rating has been at a specific level for 20 years or more, it cannot be reduced below that level unless fraud is involved.
- Permanent and Total (P&T) Ratings: Veterans with P&T status are generally exempt from routine reexaminations, meaning their ratings are unlikely to be changed.
Impact on total disability individual unemployability (TDIU)
Veterans receiving benefits under Total Disability Based on Individual Unemployability (TDIU) status can also face reductions if VA determines they are capable of substantially gainful employment. This can happen if:
- The veteran fails to submit required employment documentation (VA Form 21-4140).
- The veteran secures a job that meets the criteria for substantially gainful employment.
- The veteran’s disability rating is reduced, making them ineligible for TDIU.
VA can revoke TDIU if a veteran maintains gainful employment for at least 12 months, indicating their condition no longer prevents them from working.
What to do if VA proposes a reduction or revocation
If you receive a notice from VA about a rating reduction or benefit revocation, take immediate action:
- Review the notice carefully and understand the reason for the proposed change.
- Gather supporting medical evidence from your healthcare providers to prove that your condition has not improved or that the rating was justified.
- Request a hearing if you want to challenge the decision before it is finalized.
- Seek legal assistance from a VA-accredited attorney or veterans’ advocacy group to help build a strong case against the reduction.
