What to do about a proposed rating reduction

A notice of proposed reduction is a proposal, not a final decision. Before VA may reduce or discontinue a running award, it must issue a proposal that states the material facts and reasons, and it must give the veteran an opportunity to respond before any reduction is made final in a later rating decision.

38 CFR § 3.105(e), (i)

After a proposed reduction, the veteran generally has 60 days from the date of the proposal notice to submit evidence showing the reduction should not be made. The standard regulatory window is 60 days for evidence — the notice's own printed window controls.

38 CFR § 3.105(e), (i)(2)

The veteran generally has 30 days from the date of the proposal to request a predetermination hearing. If the hearing is requested within that window, no reduction is made until after the hearing. Requesting the hearing is a separate right from submitting evidence.

38 CFR § 3.105(i)(1)

Some ratings carry extra protection from reduction: a rating continuously in effect for 5 years or more may not be reduced unless the improvement is shown to be sustained under the ordinary conditions of life (38 CFR § 3.344); a rating continuously in effect for 20 years or more is protected from reduction below its level except for fraud (38 CFR § 3.951(b)); and a service-connection grant in effect for 10 years or more is protected from severance except for fraud (38 CFR § 3.957). Whether a protection applies to a specific rating is a fact question for an accredited representative.

38 CFR §§ 3.344, 3.951(b), 3.957

A proposed reduction is one of the highest-stakes VA letters because it threatens a benefit already being paid. Whether a stabilization protection applies, what evidence rebuts the proposal, and whether to request a hearing are case-strategy questions. VSOs handle these at no charge, and accredited attorneys frequently take reduction and severance cases.

38 CFR §§ 14.626-14.637 (accreditation)

VA rates service-connected conditions using the Schedule for Rating Disabilities (38 CFR Part 4). Each condition maps to a diagnostic code with criteria for percentage steps (0, 10, 20 ... 100). The percentage is meant to reflect average earning-capacity impairment, not how much the condition bothers you day to day.

38 U.S.C. § 1155; 38 CFR Part 4, § 4.1

Multiple ratings are NOT added — they are combined using the Combined Ratings Table (38 CFR § 4.25), which works on the 'whole person' principle. 30% + 20% combines to 44%, which rounds to 40%, not 50%. This is the single most common point of confusion in rating letters.

38 CFR §§ 4.25, 4.26

Where there is a question of which of two percentage evaluations applies, VA must assign the higher one if the disability picture more nearly approximates its criteria. Reasonable doubt is resolved in the veteran's favor.

38 CFR §§ 4.7, 4.3

A 0% (noncompensable) rating still means service connection was GRANTED. No monthly payment attaches, but it establishes the connection, can support VA health care eligibility, and can be increased later if the condition worsens.

38 CFR § 4.31

Service connection requires three elements: (1) a current diagnosed condition, (2) an in-service event, injury, or illness, and (3) a medical nexus linking the two. Denial letters typically state which element VA found missing — that sentence is the most important one in the letter.

38 CFR § 3.303; Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004)