In recent months, VA has been proposing to sever and to reduce benefits more than any other time in recent years. If you receive notice that VA is proposing to reduce benefits, there are some things you need to do.
SEVERANCE VS. REDUCTION – WHAT’S THE DIFFERENCE
If VA proposes to sever your benefits, they plan to find that your impairment is not service connected at all. They are proposing to find that the initial grant of service connection was incorrect.
If VA proposes to reduce your benefit, they plan to find that your impairment is still service connected but that your symptoms have improved. For example, they may find that the 20% rating for your knee should be reduced to 10% disabling.
KNOW YOUR RIGHTS
In most cases, VA must give you due process rights to challenge their proposed action. This means that you typically have 30 days to ask for a personal hearing or 60 days to present new evidence. If you request a personal hearing, VA will not make any changes to your benefits until after your hearing.
ACT DECISIVELY
It’s important to not panic if VA sends you a notice to sever or reduce your benefits, but it is equally important to act decisively. VA only gives a short window to meet the deadlines to ask for a hearing or present evidence. Be sure to read your letters carefully, determine your deadlines, and act accordingly.
For more information on Social Security disability benefits, contact an experienced Social Security disability attorney at Gardberg & Kemmerly, P.C. today at 251-343-1111 for a free case evaluation. Gardberg & Kemmerly, P.C. represents Social Security disability claimants in Alabama, Mississippi, Florida, and Louisiana at all levels of the disability process from initial application to appeals to Federal Court.