Reexaminations will need to provide a substantial amount of evidence for them to have an effect on the amount of assistance you’re receiving from the VA. First, the disability in question needs to improve so much that it constitutes an improved ability to function, particularly at work. Second, the reexamination must be adequately documented and thorough enough to leave no doubt about your improvement. Finally, your entire disability history must be reviewed to ensure nothing is left out of consideration.
Protected Ratings
There are several circumstances where your disability rating should not be subject to change. A reexamination of someone with a 100% disability rating will need to show considerable material improvement. Even in cases where improvement can be proven, it may not be enough to have the rating decreased.
Ratings that have remained the same for five or more years are also protected unless a continued improvement can be established. A reexamination alone is not enough to reduce rates in this case; more evidence will need to point to an improvement. After twenty years with the same rating, it cannot be decreased unless fraud can be proven.
If a reexamination leads to a decrease in your disability rating, you may be left with a lot less financial assistance than you need. Appeals are possible at this level, and getting help from an experienced local attorney can help you make a case for a better rating.