Once you have received your VA disability benefits, you are able to access the care and help you need without worries or stress about finances or other matters. It is for this reason why VA disability benefits are so essential to our disabled veterans. However, it’s essential to remember that your benefits might not be available forever, and the Veterans Affairs can reexamine your case. Based on the reexamination, and under certain circumstances, the VA can reduce or terminate your disability benefits.
At Herren Law, we’ve come across many veterans in the Houston area who lost or experienced reduced disability benefits. In many cases, this has created havoc in their lives. If you or someone you know is facing a VA reexamination (or has lost or faced reduced benefits), then call Houston VA benefits attorney William Herren today.
In the meantime, you can find out how to protect your veterans benefits below.
Understanding the VA Reexamination Process
Reexaminations for veterans receiving disability benefits are covered under U.S. Law (Title 38, § 3.327). This law 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.”
In other words, if it is likely that your disability has improved, the VA may send a notification for reexamination. Remember, the VA is legally entitled to request reexaminations, and failure to follow the VA’s requests could result in the termination of your benefits.
Fortunately, you won’t get “surprised” with a reexamination, as the VA must send an advanced notice. After receiving this notice, you have 60 days to submit evidence proving that a reduction in benefits is not warranted. You have 30 days to request a hearing.
Scheduled Reexamination
Some injuries get better with time. Veterans receiving disability benefits for these types of injuries may have to undergo scheduled reexaminations. Generally, if you have a disability that may get better over time, the VA may schedule a reexamination within 2 to 5 years after you first started receiving benefits.
Change in Condition
The VA can also order a reexamination if there is new, material evidence showing a change in your condition. For instance, if you have a type of cancer and it goes into remission, then the VA may request a reexamination.
Fortunately, the VA may return your full benefits if your condition worsens again. When this occurs, you’ll need to write a letter to your VA regional office and provide medical evidence showing an increase in the severity of your condition.
Groups Who (Normally) Aren’t Called For Reexamination
If you are part of the following groups and you receive a notice for reexamination, there’s a chance that the VA made a mistake. In other words, eligible veterans who receive a notice should call the phone number on the letter they receive to explain why they think they shouldn’t have to go.
The types of veterans that the VA usually doesn’t call for reexamination include:
- Veterans aged 55 and older
- Veterans who have static disabilities, such as loss of a limb
- Veterans who have a permanent disability resulting from a disease
- Veterans who have the minimum rating for their disability
Protected Benefits
As part of most veterans’ disability benefits, there are Protected Benefits and Unprotected Benefits. Even if called for reexamination, it is very hard for the VA to reduce a veteran’s Protected Benefits. These benefits include:
- Ratings in effect for 5 years or more
- Ratings in effect for 30 years or more
- 100% ratings
Unprotected Benefits
Your benefits can be reduced if the following circumstances are true:
- If there is an actual improvement in disability
- That improvement led to an increased ability to function in your life and work
- The reexamination report is thoroughly detailed
- The reexamination has reviewed your entire medical history
Call Veterans Disability Benefits Attorney Bill Herren
VA disability benefits law and practices can be complex, but by understanding this process, you can best protect your VA benefits. Nonetheless, whether you’ve been called for reexamination, or your reexamination led to a reduction or termination of benefits, one of the best protections available is a Houston TX VA disability attorney, like William Herren. At our law firm, we offer one thing: experience helping veterans just like you.
Moreover, we work on a contingency basis, meaning that you won’t pay a penny unless we win your case. For a free, no-obligation consultation with attorney William Herren, call our Houston law firm today at (713) 682-8194.