VA Reexaminations and Reevaluations of Veterans Disability Benefits

Even if you've already been receiving benefits for a service-connected disability, the VA can reduce or terminate your benefits under certain circumstances. However, the VA shouldn't do this without sending you a letter asking you to appear for a reexamination. Reexaminations are requested whenever the VA needs to verify the disability rating of a veteran's ongoing medical condition.

Before reducing the amount of disability compensation (or ceasing benefits entirely), the VA is required to follow certain procedures, such as sending veterans a notice of reexamination. In some cases—like when the veteran has a static disability—the VA isn't allowed to request a reexamination. Receiving a reexamination letter in such circumstances is likely an error on the VA's part.

Getting a Medical Disability Reexamination Letter from the VA Office

The VA must send you advance notice of the need for a reexamination. If you receive a letter from your VA office asking you to attend an examination to reevaluate your disability rating, this likely means that the VA doesn't think that the medical evidence on file supports your current compensation amount.

Reexaminations can include attending a physical or mental exam at a doctor's office or, if the VA finds it necessary, a period of hospital observation (38 CFR § 3.327). Do not ignore the reexamination request—if you don't attend, reschedule, or have a very good reason why you missed the exam, your benefits will be automatically reduced or terminated. But if the VA doesn't send you a notice of reexamination and then reduces or ends your benefits because you didn't show up for the exam, you can get your full benefit amount reinstated.

You have 60 days from the date you receive a reexamination letter to submit evidence showing that your disability rating shouldn't be reduced. If you want a hearing with the VA, you have 30 days from receipt of the notice to submit a hearing request.

How Often Does the VA Reevaluate Disability Ratings?

Once you're awarded disability compensation, the VA will decide whether your conditions are "static," meaning permanent and unlikely to improve, or if you have a chance of getting better in the future. Veterans who have amputated limbs, for example, aren't likely to have their percentage rating decreased for that service-connected disability (barring significant advances in medical technology).

If the VA determines that your condition is likely to improve, you'll generally be rescheduled for a reexamination two to five years from the date of the decision granting you benefits. The VA can also order a reevaluation at any time if there is new, material medical evidence that your disability has gotten better, at least temporarily. For example, if you have cancer and it goes into remission, the VA will call you in for a reexamination to see whether your benefits should be reduced.

Can the VA Increase My Disability Rating After a Reexamination?

Sometimes a scheduled reexamination can lead to an increase in benefits, but this is pretty rare. When it does happen, it's usually because a veteran's disability has gotten worse. For example, if the VA temporarily decreased your disability compensation because your cancer had gone into remission, you can ask the VA to increase your disability rating if the cancer returns.

To request an increased rating after your disability worsens, you can complete Form 21-526EZ or write a letter to your regional VA office. Let them know about any medical evidence you have showing that your condition has gotten worse and how it affects your ability to work. Here's an example of how you might want to structure your letter so the VA has a good idea of why your disability rating should be increased.

A word of caution, however—sometimes when you request an increase, you can actually end up getting a decrease in benefits. If that happens, you'll want to appeal the VA's decision.

Sending Proof of Your Disability to the Veterans Affairs Evidence Intake Center

There are several ways you can make sure that the VA has the medical documentation needed to increase (or stabilize) your disability rating. You can mail them to the following address:

Department of Veterans Affairs
Claims Intake Center
PO Box 4444
Janesville, WI 53547-4444

You can also fax the records to 844-531-7818 (248-524-4260 if you're outside the U.S.) or bring them in person to the VA regional office nearest you.

When Not to Expect a Reexamination

Not all vets are expected to go for a reevaluation. If you aren't subject to a reexamination, your disability rating can't be reduced. Currently, the VA normally won't schedule reexaminations for veterans who:

• are over age 55
• have static or permanent disabilities
• have a disability that hasn't significantly improved in five years
• have been assigned the minimum rating for their disability, or
• have a combined disability rating so high that even if one rating were reduced, the combined disability rating wouldn't be affected.

If you're part of one of the groups listed above and you get a letter from the VA asking you to show up for the reexamination, call the phone number on the letter you receive to explain why you think you shouldn't have to attend.

Legal Help for Veterans

You aren't required to get a lawyer to deal with the VA, but it can be a good idea. Veterans who get a reexamination notice in error probably don't need a representative if the VA quickly realizes the mistake and their disability rating remains the same. But if you have solid medical evidence to support an increase in your disability rating and the VA refuses to adjust it, you should consider talking with an experienced VA disability attorney who can help you appeal the decision.