CAN VA REDUCE A 100% P&T Rating #va #disability #compensation #benefits #veterans #rating #claim

VA Disability Rates: Can the VA take away 100 permanent and total disability?

Veterans garner immense respect within the United States of America and that is why the state has various mechanisms in place to help them on their return from active service.

Veterans can file for disability with the Department of Veterans Affairs (VA) and applicants must first know what the eligibility requirements are.

To qualify for VA disability benefits, veterans must meet three basic requirements:

Service in the United States Armed Forces: This includes all branches, such as the National Guard, Coast Guard, and the Space Force.

A current illness, injury, or disability: Both physical and mental conditions are eligible for VA disability benefits.

The condition's relation to military service: The recipient's condition must be either caused by or worsened by their service, regardless of whether they were on active or reserve duty.

Qualified dependents, including spouses, partners, and children, can also be eligible for VA disability benefits.

However, it's important to note that veterans with certain types of discharges, such as "other than honorable," "bad conduct," and "dishonorable" discharges, may not qualify for these benefits.

Disabilities can change over time and and the VA does actually have the power to reduce a disability rating for a variety of reasons.

If you have a 100 percent Permanent and Total (P&T) rating, it is very unlikely you will be re-evaluated or have your rating reduced. That is only going to happen if your 100 percent rating was found to be fraudulent.

The following could also lead to a review, according to Cuddigan Law:

You have a 100% P&T rating but open a new claim for compensation to include Special Monthly Compensation (SMC). Special monthly compensation (SMC) is a higher rate of compensation that the VA pays to Veterans who lost, or lost the use of, specific organs or body parts due to military service. (Loss, or loss of use, means amputation or no effective remaining function of an extremity or organ.) If the VA Rater can see that one or more of your impairments has gotten better or potentially could get better, your rating may be reduced.

Service in the United States Armed Forces: This includes all branches, such as the National Guard, Coast Guard, and the Space Force.

A current illness, injury, or disability: Both physical and mental conditions are eligible for VA disability benefits.

The condition's relation to military service: The recipient's condition must be either caused by or worsened by their service, regardless of whether they were on active or reserve duty.

Qualified dependents, including spouses, partners, and children, can also be eligible for VA disability benefits.

However, it's important to note that veterans with certain types of discharges, such as "other than honorable," "bad conduct," and "dishonorable" discharges, may not qualify for these benefits.

Disabilities can change over time and and the VA does actually have the power to reduce a disability rating for a variety of reasons.

If you have a 100 percent Permanent and Total (P&T) rating, it is very unlikely you will be re-evaluated or have your rating reduced. That is only going to happen if your 100 percent rating was found to be fraudulent.

The following could also lead to a review, according to Cuddigan Law:

You have a 100% P&T rating but open a new claim for compensation to include Special Monthly Compensation (SMC). Special monthly compensation (SMC) is a higher rate of compensation that the VA pays to Veterans who lost, or lost the use of, specific organs or body parts due to military service. (Loss, or loss of use, means amputation or no effective remaining function of an extremity or organ.) If the VA Rater can see that one or more of your impairments has gotten better or potentially could get better, your rating may be reduced.

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You have a 100% P&T rating and open a new claim for a Specially Adapted Housing (SAH) or Special Housing Adaptation (SHA) grant. This will automatically trigger a Compensation and Pension (C&P) exam for the increase. If the C&P examiner determines your condition has improved or could improve the VA may reduce your rating.

If a VA Quality Review finds a Clear and Unmistakable Error (CUE) for the original 100% P&T rating, your rating could be reduced. (While CUE motions are often requested by Veterans to get the VA to re-evaluate and approve benefits or increase their rating, they can also be used by the VA to reduce or deny an individual's disability benefits.)

[T-RoyB]

Every single politician, elected official, should serve in the military minimum of two years (active duty) before being able to make any decisions concerning benefits for veterans!!!

Putting illegal migrants before seniors and veterans needs is disgraceful and disgusting as well as insulting to Americans!

The needs of Americans need to be addressed before the needs of anyone else.

[elgallo]

If you are 100% P&T, please do not poke the 🐻 until you hit 20 years!

[christybrown]

VA reduced my husband’s Permanent and Total rating and reduced him to 90% due to an error on their end. In addition, they said they overpaid him $10, 000 due to their error. They began deducting money each month from the reduced compensation. Our income dropped approximately $1500 per month.
Fortunately we appealed the overpayment and won. Also, his medical condition continued to deteriorate and we filed another claim. He was examined and returned to 100% Permanent and Total and his income and our benefits were restored.
It took about a year and a half for all this to play out.
All this to say, don’t give up if you face challenges! It can be work to get your benefits but the VA is there to help.
Stay strong!

[proudasiangirl]

I TOTALLY agree with your rationale. We as service members were profanely UNDER paid while we were under contract and told to do any and all things at any given time, 24/7. The government owned us! That's what a "GI" is. You are a General Issue"! Not sure if the general public knows or realizes the sacrifices we've went through.

[josephbrauchle]

Put simply, if the condition wasn't present during your physical at MEPS, but is present at discharge, it is service related. On reductions, MOST IMPORTANT fact is to NEVER apply for any new disabilities after receiving your 100% rating. It gives the VA the right and incentive to open up your otherwise safe 100% P&T evaluation. You can't increase a 100% rating and a 100% P&T rating is inclusive of every ailment a veteran has or may have later.

[twrol]

5:20 my take on that is that you had every intention on retiring and were on track to continue serving until eligibility to retire, then developed a condition that disqualified you from continuing service. Now you have to enter the civilian workforce not only several years behind in education and/or experience, also with a condition that employers may not tolerate either. This is why I believe conditions that “just show up” even if they would have regardless of service should also be covered.

[wasblindbutnowsee]

I've collected 100% since 1975 for a mental condition. 5 years ago I left the US and I haven't had any contact with the VA but they keep putting checks in the bank.

[thomasc]

If a Veteran is 100% P&T I am sure it would be hard for VA to down grade it.

[gregorybalchunas]

Praying for our military 🎖️🪖🎖️ and veterans 🙏🙏🙏

[Doktracy]

I’m 100% P & T. There’s been times I’ve worked for awhile but I’m truly disabled, especially considering my profession and the amount I should have made through my career. I’m not working anymore and current recovering from a severe bone fracture directly related to my disability,
I fully intended to work until retirement as a soldier and was injured on active duty, this caused both injury and ptsd.

[perriekreger]

You are correct! I struggle with this for years. Didn’t believe I was worthy

[DIVISIONINCISION]

I received 100% scheduler backdated to July for a claim that just finished up in November. VA deferred part of the claim, so while I had 100%, I was not P&T. Completed my last part of the C&P last week and two days after the NP submitted the DBQ to VA, received a call from my VSO saying that I received an increase and VA declared me P&T. I'm only 46, but this is definitely a lifesaver!

[nymarine]

If you have 100% P&T, the biggest mistake you can do is to stop tending to your treatment and appointments. Doing so may put you in danger of your disability award being reduced. Normally, 100 % P&T means you will not be reviewed. It doesn’t mean that it can’t be taken away if they suspect fraud or if they think you’ve improved.

[RollerSkatinActor]

The law says 10yrs. After being P&T for more than 10yrs you should be golden. But, with the current admin, who cares more for illegals vs Veterans nothing would surprise me. IMO a person who is IU for more than 10yrs should be moved to reg 100%, thus taking the handcuffs off.

[Ty-kxcs]

I challenge that statement, “veterans garner tremendous respect in the United state or America.” I know many who can care less about us veterans! Some even vilify us, especially if we are Homless or living in an RV/vehicle.

[EatLeadPal]

I was told, when I joined in 1979, that if I retired with at least 20 years, I would get free medical for life. That was a lie. Since I retired in 1999, I have paid for Tricare. Granted, it is A LOT cheaper than civilian medical insurance and I am grateful for that. However, it isn't free. When I turn 65, I will have to pay for Medicare which will be a lot more expensive than what I'm paying now. I agree with what you said about not losing my rating....but never say never, especially when it comes to trusting the government.

[jaywali]

If you leave the VA alone, they’ll leave you alone. If you’re 100% P&T and do some dumb stuff like filling another claim to try to get more you only have YOURSELF to blame when your benefits get reduced…Period.

[tla]

I was paid a big $78.00 a month when I went to Vietnam

[mr.damagecontrol]

Also, any Navy and Marine Corps veterans should be adding MST (Military sexual trauma) if you have had ANY shellback initiations. Took a class on MST from the VA and found out that the shellback hazing is definitely considered MST too. "The more you know!" 😂

[brianharrington-wskj]

before i got discharge i was diagnooised with type2 diabiest at my discharge phyisical and yes it is servic connected i had yet to sign my discharge papers