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Fighting and Stopping Proposed VA Rating Reductions

What can you do if the VA ever proposes to reduce your rating? Whatever you do read this before you file a Notice Of Disagreement(NOD)!! Filing a NOD on a proposal to reduce is premature and the VA will send a letter saying so while you waste precious time. Only file a NOD if you didn’t respond to the proposal and have received the letter saying the reduction is final.

If you happen NOT to have representation then ask for a personal hearing in writing ASAP. Don’t do it by phone so there’s a paper trail!! You only have 30 days from the date of the letter to do so. IRIS(the VA’s Electronic Messaging System at…/L3RpbWUvMTQ3MjY5MjI0NC9zaWQvOVE…) is the quickest way and you can ask for a hearing by video if you live too far from the regional office. Asking for a hearing will hold your rating from being reduced until you get the hearing and at this point they are 6 months backed up on hearings. About two weeks after you ask for the hearing, you can file for a new claim for an increase on the condition they are proposing to reduce and you will get another C&P which should be enough to cancel the reduction.

Get a copy of the last C&P exam results and see what they said wrong ASAP. Alternatively, the other route instead of filing a new claim for an increase is to get new evidence that supports a higher rating for you and submit it or look for evidence they may have overlooked and write a personal statement or sworn declaration in support of your claim. You only have 60 days to submit new evidence before a decision becomes final. Read the decision letter very carefully and if it’s incorrect call them out on it(IRIS is great for this too). Open a new intent to file asap on ebenefits to hold the effective date in you decide for file for an increase.

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