VA Rating Reclassification

VA Rating Reclassification Guidelines

Let’s talk about a topic that’s been raising a lot of questions and concerns: VA rating reclassification. Back in March 2023, I published a video titled “The Government Is Trying to Reduce Your Benefits,” which garnered over 145,000 views. Thank you for that! While my premise was sound—the government is indeed trying to reduce benefits—the method I initially thought they’d use wasn’t entirely accurate. Instead of legislative changes, the VA is reclassifying ratings to “keep up with medical science.” So, what does this mean for you?

What Is VA Reclassification?

VA rating reclassification refers to the VA’s process of reviewing and potentially changing your disability rating based on new medical evidence. This evidence might show improvement or worsening of your service-connected disability. If your condition has improved, they’ll propose reducing your benefits. If it has worsened, they may increase them.

However, in my experience working with clients, I’ve yet to see a case where the VA increased benefits through this process. It almost always results in proposed reductions. Here are some key points about the VA’s reclassification process:

  • Periodic Reexaminations: The VA schedules reexams to determine if your condition warrants a rating change.
  • Significant Changes Required: The VA relies on substantial medical evidence to justify any change—not minor fluctuations.
  • The Five-Year Rule: If your rating has been in place for five years, the VA generally can’t reduce it unless there’s compelling evidence of improvement.

What Happens When You Get the Reclassification Notice?

Imagine you’re living your life, supporting your family, and suddenly you receive a notice from the VA proposing to reduce your rating. This feels like a punch in the gut, doesn’t it? You’ve sacrificed for your country, and now they’re telling you that your disability isn’t as severe as initially determined. It’s not just demoralizing—it’s a financial blow.

Here’s what you need to do immediately:

  1. Carefully Read the Notice: Pay attention to the date by which you must respond—usually 30 days after the notice date. Don’t miss this deadline!
  2. Request a Hearing: Respond right away and request a hearing. This step is crucial to prevent the VA from reducing your benefits before the hearing.
  3. Gather Medical Evidence: Start compiling updated medical evidence, ideally from the past 30 to 45 days, to show that your condition has not improved or has worsened.

Tips for Navigating the Process

When you receive a reclassification notice, here’s how to protect your benefits effectively:

1. Respond Quickly

Don’t wait until the deadline to respond. Procrastination can jeopardize your case. If you’re unsure how to proceed, contact your local Veterans Service Office or reach out to a trusted VA advocate like myself.

2. Collect Supporting Evidence

Updated medical evidence is vital. Ask your doctor for a statement confirming that your condition is either static or worsening. If your doctor refuses, you may need to seek another opinion. Tight deadlines can make this challenging, but resources like the American Medical Experts can help. They review medical records and provide opinions to support your claim.

3. Understand Potential Risks

When you appeal, the VA may warn you about creating an overpayment if your appeal fails. Essentially, you could owe money back to the VA. While this can be daunting, it’s still critical to respond and fight for your benefits.

4. File for Secondary Conditions

If your primary condition has led to other health issues—such as PTSD, anxiety, or chronic pain—you should file for these secondary conditions. Secondary conditions can sometimes help restore your original rating or even increase it.

Pro Tips for Filing

Pro Tip 1: Certified Mail

Always send your responses via certified mail with return receipt requested. This provides proof that the VA received your documents, protecting you if they misplace your file.

Pro Tip 2: Include Secondary Conditions

Even if your primary condition’s rating is reduced, secondary conditions can help you regain your overall rating. For example, veterans with migraines often experience mental health issues like PTSD or depression. Filing for these associated conditions strengthens your case.

Real-Life Scenarios

I’ve helped several clients navigate rating reductions. In one case, despite filing a strong appeal with ample medical evidence and legal arguments, the VA still reduced a client’s benefits. We’re now pursuing further action. This shows that even when you do everything right, the VA’s decisions can be unpredictable. But don’t lose hope—you have options to fight back.

Reclassification can feel overwhelming, but you don’t have to face it alone. Gather your evidence, respond promptly, and seek help if needed. If you’ve received a reclassification notice, take action today. And remember: the more medical evidence you have, the stronger your case.

Contact Us for Help!

If you need assistance with filing or appealing VA disability claims, complete this form or give us a call at (229) 226-8183. If you’d like to see this blog in video format, you can watch it below. Please be sure to SUBSCRIBE to our YouTube channel and click the bell notification button so that you’re notified each time we publish a new video.