Can the VA Take Away 100 Permanent and Total Disability (P&T)?

At the time this video was published, all information was accurate but is subject to change as laws, policies, and regulations change.

- Today, we’ll answer the question: “Can the VA take away 100 Permanent and Total Disability (P&T)?” The short answer is: YES, the VA can reduce a 100 Percent Permanent and Total Disability Rating!!!

Every VA disability rating, whether it’s deemed permanent and total or not, can be reduced by the VA for a variety of reasons. However, if you have a 100 Permanent and Total Disability (P&T) rating, it’s unlikely you’ll be re-evaluated or have your rating reduced unless you’ve done something to cause the VA to review your case.

Okay, let’s explore the scenarios where the VA can reduce a Permanent and Total disability rating.

Here’s four scenarios where a Permanent and Total disability rating can be reduced:

1. The initial 100% P&T rating was found to be based on fraud.

2. If you have a 100% P&T rating but open a new claim for compensation to include Special Monthly Compensation (SMC), the VA Rater can potentially see that one or more conditions has gotten better, have it re-evaluated, and subsequently reduced. This can happen if your disability conditions are not static.

3. If you have a 100% P&T rating but open a new claim for a Specially Adapted Housing (SAH) or Special Housing Adaptation (SHA) grant, it will automatically trigger a C&P exam for the increase. Your disability conditions could be subject to a re-evaluation, especially if they aren’t static.

4. A Clear and Unmistakable Error (CUE) for the original 100% P&T rating is found during a VA Quality Review.

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***Video Timestamps***

⏩ 00:00 VA Claims Insider Introduction
⏩ 01:26 Want a VA Rating Increase Fast?
⏩ 02:24 Can the VA Take Away 100 Permanent and Total Disability?
⏩ 03:14 Four (4) Situations Where the VA Could Reduce a 100 Percent Permanent and Total VA Disability Rating
⏩ 07:20 Do You Deserve a Higher VA Rating?
⏩ 08:34 You Deserve It: FREE Veterans Benefits Book!
⏩ 10:11 Thank You For Your Service!

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[shilohscrib]

So basically…once you hit P&T, DONT FILE NEW CLAIMS.

[antjonz]

The VA giveth, and they can taketh away.

[madre]

The VA shouldn’t call it “Permanent and Total” if they can take it away

[USViper]

If you are at 100% DO NOT file any new claims

[williammiller]

Basically dont be stupid and lie to the VA, and don't be dumb enough to re-open a claim. Don't get greedy.

[donaldmartin]

Yep, you better go to at least your physical exam every year, and I suggest you do more than that.

[noyb]

Honestly if you have nothing to hide you have nothing to worry about.

[showmeyourdaleel]

The key is to keeping a P and T rating is to not poke the 🐻.

[radow]

I just got 100% P&T after fighting with the V.A. for years.

[PANG_]

I was at 90 and they hit me with your number 4 and put me to 100 I was surprised I was already happy that they’ll cover me even with zero % service connected but they changed a lot of my zero to a actual percentage and sent that code to me thank whoever is doing the control checks really helped me out and unexpected

[VAClaimsInsider]

Yes, the VA can absolutely reduce a 100% P&T rating!

[VAClaimsInsider]

Here’s four scenarios where a Permanent and Total disability rating can be reduced:

#1. The initial 100% P&T rating was found to be based on fraud.

#2. If you have a 100% P&T rating but open a new claim for compensation to include Special Monthly Compensation (SMC), the VA Rater can potentially see that one or more conditions has gotten better, have it re-evaluated, and subsequently reduced. This can happen if your disability conditions are not static.

#3. If you have a 100% P&T rating but open a new claim for a Specially Adapted Housing (SAH) or Special Housing Adaptation (SHA) grant, it will automatically trigger a C&P exam for the increase. Your disability conditions could be subject to a re-evaluation, especially if they aren’t static.

#4. A Clear and Unmistakable Error (CUE) for the original 100% P&T rating is found during a VA Quality Review.

[joeatyktc]

Yes they can - in 2009 (Obama Admin), 57, 000 veterans with 100%-90%-80% were reduced to something less, most to 50% or less, (thinking here being that if a veteran was 100% P/T for less that 5 years or anyone with 90% or less for 3 years, reduced them and have them file appeals) that (appeals which at the time could take 8 years) drove those others to the 'back log' of over 635, 000 +, (VCA was also short one judge with one about to retired) most filing NOD - the big five of VSOs NSOs were cause to have a back log of work, filing appeals. By 2017, 18% of those who filed had passed, with nothing for survivors. Remember that we lose about 100 veterans a day, at the time (2009) 22 a day to suicide, today (2023) that number is 18 a day. Also, VBA is about 37, 000 - in 2008/9 27, 000 strong, of those only about 6, 000 (2009) 9, 000 (2023) do claims. It takes about 3 to 5 years for someone to be ready good at as a claim reviewer - most would rather work in other areas where the rules of set, in claim review the M21-1MR is set but also up for grabs as a veteran may file a claim that has many parts and if the NSO/VSO filing do not submit ALL the nesscessary EVIDENCE, the veteran is NOT going to receive what the law allows.

[random-unbreaded-commentor]

I'm playing the gamble right now of filing for Sleep apnea while I'm at a tdiu p&t. Reason for it is I filed this before the change over and have a cpap. Meaning if they approve it I get the 50% that'll put me from a tdiu 100 to a natural 100. They initially denied it but never tried to dick with my rating. Now though I'm appealing it with a letter from a Dr who basically spent half the letter calling the person who denied me a moron and saying they have no business practicing in the medical field with how bad their decision was 😂 only mild concern after seeing this

[armybeef]

3:15

Wow, he actually is correct, and because of hearing that happen to other people, that is exactly why I will never, ever, apply for anything else, i've learned, after being in the military, to never be in the cross hairs, I'm 70% TDIU and will never ask for anything else. I will sit here quietly in my corner.

[chadlove]

10 and 20 year rule steps in also.
I THINK

[mativakuresa]

Thanks for all you do brother God bless

[dennischarlton]

When do they stop doing Quality reviews?

[jamesgore]

I believe I had a CUE occur when the VA dropped my disability from 20% to 10%. I didn't find out until years later since I had taken a severance package. When I questioned it I was told the time to appeal the decision had passed and I would have to submit a new claim. I eventually requested my complete VA file and after reviewing it couldn't find the letter of Notice of Determination that was supposed to have been sent. I specifically re submitted the request for the document and eventually the VA spent me a letter indicating they couldn't produce the notification letter. Since I never received the notification nor could they produce one, I assume this would qualify as a CUE. Iknow 10% reduction doesn't sound like much but when compounded it amount to a significant amount of back pay. I am currently 100% T&P, more than 30 years after they reduced the the original rate they ended up reassigning the rate back to 20%. Would it jeopardize my 100% T&P to start a CUE since it was their actions and not fraud on my part?

[FoundingYouTuber-]

Would be helpful to see actual statistics on this actually happening to Vets. Seems tragic to instill fear on us for no reason. E.g., if only 1000 out of 2 million Vets have suffered a "CUE, " I'd like to know that rather than after watching these videos your causing us to live in fear that that "CUE letter" could be in tomorrow's mail.