The United States Department of Veterans Affairs (VA) reevaluates your disability in two situations. The first occurs when it receives new information suggesting that the severity of your condition has improved since you began receiving benefits. The second is when it believes the nature of your condition is such that it is likely to improve at some point. In the second scenario, the VA will reevaluate you periodically. The more it believes your disability is likely to improve, the more frequently it will reevaluate you.
If you apply for disability for a medical condition that is totally disabling and that is likely never to get better, the VA may label you as permanently and totally disabled. With this designation, you are essentially guaranteed VA disability coverage at the maximum compensation level for life. The only way the VA can take this status away is if proof emerges that you obtained the rating and designation by fraudulent means.
How VA Disability Reevaluations Work
Most veterans who get approved for a VA disability do not get designated as permanently and totally disabled. They are therefore subject to have their disabilities reevaluated by the VA at any time. When the VA approves you for benefits, along with assigning you an impairment rating that determines your monthly compensation level, it judges how likely your condition is to improve in the near future. Based on this determination, it decides how frequently to reevaluate you.
When the VA chooses to reevaluate your disabilities, you will be notified and also required to submit new medical evidence as well as undergo an exam with a VA-appointed physician. If your reevaluation results in a lower impairment rating and thus less monthly compensation, you have the right to appeal this decision, and a VA lawyer can help.
How to Get Designated as Permanently and Totally Disabled
To get designated as permanently and totally disabled, you must meet two criteria:
- You must receive a 100% VA impairment rating. This is the highest possible rating and indicates total disability. A veteran with a 100% impairment rating is someone incapable of working, earning a living, or carrying out one or more daily living activities (e.g., eating, bathing, dressing).
- You must provide evidence that your condition is unlikely to improve. If you are totally but not necessarily permanently disabled, you will not receive this designation, and you may be subject to a reevaluation.
Permanent and total disability is a difficult designation to get. Many who receive it either have suffered catastrophic injuries, such as lost limbs or blindness, or have mental ailments so severe they require institutionalization.
Receive a Free VA Disability Consultation Today — Call the Disability Advantage Group, at +1-865-566-0800
The VA disability lawyers at the Disability Advantage Group can help you with your VA disability issue. Whether you are applying or appealing for benefits, or you are concerned about a possible reevaluation and rating reduction, we can help. Our team offers a free consultation and case evaluation. Call us today at +1-865-566-0800.