Many veterans make the mistake of thinking that once they receive their VA disability benefits, the fight is ultimately over. Unfortunately, the fight isn’t quite over, as the VA can reduce or terminate benefits under certain circumstances later on. If this has happened to you, then it’s natural to feel frustrated, cheated, and a whole plethora of other unpleasant feelings.
For this reason, Houston VA disability benefits attorney William Herren fights for veterans rights, employing vigorous litigation strategies to help eligible veterans keep their disability benefits. If you have lost your benefits, or you have a reexamination with the VA regarding your benefits, the best way to protect your benefits is to contact our VA benefits law firm in Houston. Call (713) 682-8194 for a free consultation today.
Can the VA Lower or Terminate My Disability Benefits?
The short answer is, “Yes, the VA can reduce or terminate your disability benefits.” If fact, they are legally entitled to do so under Title 38 § 3.327, which states:
“Reexaminations, including periods of hospital observation, will be requested whenever VA determines there is a need to verify either the continued existence or the current severity of a disability.”
Often, there are several common reasons why the VA reduces or terminates a veteran’s benefits. Some of these reasons include:
- The veteran has unprotected benefit rates (more on this below)
- The veteran is in prison. If you are in a federal, state, or local prison, your disability compensation can be reduced or terminated after your 61st day in prison.
- If there is an actual improvement in the veteran’s disability
These are just a few of the reasons why the VA may reduce or terminate your VA disability benefits. In any case, and for whatever reason, make sure to discuss the reduction or termination of your benefits with an experienced attorney.
Protected Benefits
Protected VA disability benefits are very difficult to reduce or terminate. You may have protected benefits if any of the following apply:
- Veterans with a “static” disability (one that won’t improve) such as the loss of a limb.
- Veterans who are found to be totally and permanently disabled (those rated at 100% disabled).
- Veterans who have been receiving benefits for more than five years at the same level.
- Veterans age 55 or older.
- Veterans who have been receiving benefits for more than 30 years.
If the VA sent a notice of reexamination, and you fit into one of the categories above, then you should contact your local VA regional office, as there may have been a mistake.
Unprotected Benefits
Unprotected benefits can be reduced or terminated under certain circumstances. Your benefits may be unprotected if the two circumstances apply:
- You have a disability rating that is above the minimum for your disability, but below 100%, and
- You have been receiving benefits for less than five years.
If you have unprotected benefits, and the VA contacts you about reducing or terminating your benefits, you should still contact an attorney. This is because the VA has certain legal requirements it must adhere to, such as notifying you in advance of a reexamination, notifying you of how you can keep your benefits, or following the requirements for a medical examination.
Should You Get a VA Disability Benefits Attorney?
The title of this post is, “What Do I Do If the VA Lowers My Veterans Benefits?” The most important thing that you can do to keep your benefits is to follow the VA’s instructions as closely as possible. If you receive a notice for a reexamination, then make sure you attend the reexamination within the stated time limits (usually 60 days after receiving a reexamination notice).
For unprotected benefits, a VA disability benefits attorney will guide you through the process, make sure that the VA hasn’t made any mistakes, and fully investigate the legality of the VA’s every motion. For protected benefits, a VA disability benefits attorney is essential, as these benefits are very difficult to reduce or terminate.
Call Herren Law in Houston TX for VA Disability Benefits Help
When it comes to VA disability benefits and US and Texas law, the most important attributes in your attorney are experience, experience, and experience. At Herren Law, Houston VA disability benefits attorney William Herren has helped numerous veterans just like you; we boast many successful cases getting a veteran his/her rightfully owed benefits. As such, if the VA is trying to reduce or terminate your benefits, don’t hesitate and call Herren Law today at (713) 682-8194.
