Can the VA Take Away 100% Permanent and Total Disability?

What is Permanent and Total Disability?

Permanent and Total Disability, commonly called 100% P&T, is a VA disability rating assigned to veterans with severe service-connected conditions that render them unable to work and require ongoing care. It signifies that the disability is expected to remain at the same severity level without improvement in the foreseeable future.

To better understand the concept of permanent and total disability, veterans must understand that the term “permanent” refers to the expected long-term nature of the disability, indicating that the condition is unlikely to improve significantly over time. “Total disability” means the veteran’s disabilities are severe enough to prevent them from substantially gainful employment. Therefore, a 100% P&T rating implies that the veteran’s disabilities are permanent and severe enough to warrant full benefits.

Can the VA Take Away 100% Permanent and Total Disability Benefits?

Yes, the VA can review and potentially reduce a 100% permanent and total disability (P&T) rating under certain circumstances. While a 100% P&T rating is intended to signify a permanent and severe service-connected disability, it is not entirely immune to evaluation. However, veterans need to understand the reasons and processes behind such reviews.

One of the primary triggers for a review of a 100% P&T disability rating is if there is evidence suggesting medical improvement in the veteran’s condition. If the veteran’s health has improved to the point where their disability is no longer as severe or has significantly improved, the VA may reevaluate the rating to ensure it accurately reflects the current state of the disability. This review process is carried out to ensure that disability ratings remain fair and aligned with the veteran’s actual medical condition.

Moreover, rating review guidelines state that the VA may re-evaluate the 100% P&T rating if evidence indicates that the veteran’s disability no longer meets the criteria for a 100% rating. This could occur if there have been significant changes in the regulations or medical standards used for determining disability ratings and the veteran’s condition no longer meets the threshold for a 100% P&T rating based on the updated criteria.

While the possibility of a disability rating review may cause concern for some veterans, it is crucial to understand that the VA intends to maintain the integrity of the disability rating system and ensure that veterans receive appropriate benefits based on their current medical conditions. Veterans who receive a 100% P&T rating should continue seeking proper medical treatment and promptly report any changes in their condition to the VA to maintain open communication and protect their well-deserved benefits. Seeking assistance from a Veteran Service Officer (VSO) or legal representatives can also be beneficial if a veteran wishes to navigate the review process effectively or challenge any decision regarding their disability rating.

Can You Work If You’re Awarded 100% P&T Disability?

When a veteran is awarded a 100% permanent and total disability (P&T) rating, it indicates that their service-connected disabilities are so severe that they cannot engage in substantial gainful employment. In most cases, veterans with a 100% P&T rating cannot work jobs that produce significant income without risking their disability benefits.

Nevertheless, many veterans want to know how the VA can take away 100% permanent and total disability if they work. However, certain exceptions allow veterans to work despite having a 100% P&T disability rating. One such exception is a “protected work environment.” This refers to employment in a sheltered workplace or a supportive work environment specifically designed for individuals with disabilities. Veterans can engage in meaningful work in these settings without jeopardizing their disability benefits.

Another exception is “marginal employment.” Marginal employment refers to work that generates minimal income and falls below the substantial gainful employment threshold set by the Social Security Administration. If a veteran is engaged in marginal employment and earns an income below this threshold, their 100% P&T disability benefits will remain intact.

Veterans who wish to work or explore employment opportunities should consult with the VA or a veterans’ service organization to ensure they understand the specific rules that apply to their situation. The VA can provide guidance on reporting earnings and navigating the complexities of maintaining disability benefits while working within the allowed exceptions.

What Can Cause Me to Lose My 100 Percent VA Disability?

One of the primary reasons a veteran may lose their 100% VA disability rating is if a routine future examination (RFE) indicates a significant improvement in their medical condition. Periodic RFEs are conducted by the VA to assess the current state of the veteran’s disabilities and to determine if there has been any medical improvement. If the examination reveals that the veteran’s condition has improved to the point where they no longer meet the criteria for a 100% P&T rating, the VA may reduce their disability rating accordingly.

In addition to RFEs, other evidence may also trigger a rating review. For example, if the veteran’s medical records, doctor’s reports, or functional assessments indicate substantial improvement in their disabilities, the VA may initiate a review of their disability rating. Consequently, veterans rightfully wonder how the VA can take away 100% permanent and total disability benefits.

Seven VA Ratings Protected from a Routine Future Evaluation (RFE)

Certain VA ratings, including 100% P&T, are protected from routine future evaluation, making them less likely to be subject to periodic reexaminations. Seven situations that protect VA Ratings from a Routine Future Evaluation (RFE) are as follows:

1. 100% Permanent and Total Disability (P&T): Veterans who receive a 100% P&T disability rating are generally protected from routine future evaluations. This rating indicates that their service-connected disabilities are both permanent and severe, and the VA recognizes that their conditions are unlikely to improve significantly over time.

2. Veterans Over Age 55: Veterans over 55 at the time of their rating decision may be exempt from routine future evaluations. The VA considers that age-related conditions may not substantially change over time, making periodic reevaluations unnecessary.

3. 20 Years of Disability Rating Stability: If a veteran’s disability rating has remained unchanged for 20 years or more, they may receive protection from routine future evaluations. This stability indicates that their conditions have persisted without significant improvement or deterioration for an extended period.

4. Permanent and Stable Ratings: Certain conditions or impairments, such as loss of limb(s), blindness, and paralysis, are considered permanent and stable. Veterans with such disabilities may receive protection from routine future evaluations due to the nature of their conditions.

5. Total Disability Based on Individual Unemployability (TDIU): Veterans granted TDIU benefits due to their inability to maintain substantially gainful employment are often protected from routine future evaluations. The VA recognizes the challenges these veterans face in the workforce and avoids unnecessary reevaluations that could cause additional stress and uncertainty. Therefore, it benefits veterans to know the difference between TDIU and 100% P&T.

6. Serious or Chronic Conditions: Veterans with severe or chronic conditions, such as terminal illnesses or severe degenerative diseases, may receive protection from routine future evaluations. The VA acknowledges that such conditions are unlikely to improve significantly, making periodic reevaluations unnecessary.

7. POW Status: Veterans held as prisoners of war (POWs) may be protected from routine future evaluations. The VA recognizes the unique challenges these veterans face and aims to provide stability and support without subjecting them to frequent reevaluations.

It’s important to note that the specific rules and protections may vary based on individual circumstances and changes in VA regulations. Veterans should stay informed and seek guidance from the VA or a Veteran Service Officer (VSO) to understand the protections that apply to their particular disability rating.

Conclusion

While a 100% permanent and total disability rating is intended to be long-lasting, veterans need to understand that the VA may conduct reviews to ensure the accuracy of disability ratings. Veterans concerned about how the VA can take away 100% permanent and total disability benefits arm themselves by staying informed, adhering to medical treatment, and promptly responding to VA inquiries, to protect their 100% P&T benefits and preserve their well-deserved support.

FAQs

1. What triggers a review of a 100% P&T disability rating?

A 100% P&T disability rating can be reviewed if there is a possibility of medical improvement or if evidence suggests that the veteran’s condition has changed.

2. What is 38 CFR Permanent and Total Disability?

38 CFR refers to Title 38 of the Code of Federal Regulations, which governs veterans’ benefits. It includes provisions for determining permanent and total disability, indicating conditions that qualify for the 100% P&T rating.

3. Can the VA reduce permanent and total disability?

Yes, the VA can potentially reduce a 100% P&T disability rating if evidence shows medical improvement or if the veteran’s condition no longer meets the criteria for the highest rating.

4. How often does the VA review or reevaluate 100% P&T disability ratings?

The frequency of disability rating reviews varies based on individual circumstances and the severity of the disability. In some cases, 100% P&T ratings are protected from routine future evaluation, making them less likely to be reevaluated periodically.

5. What happens during a disability rating review process?

During a disability rating review, the VA will examine medical evidence, conduct examinations, and assess the veteran’s condition to determine if any improvement has warranted a change in the disability rating.

6. How can I protect my 100% P&T disability rating?

To protect a 100% P&T disability rating, veterans should continue seeking medical treatment and promptly report any changes in their condition to the VA. Maintaining open communication and providing requested information during the review process is crucial.

7. Can I appeal or challenge a reduction or termination of my 100% P&T disability rating?

Veterans have the right to appeal a decision to reduce or terminate their 100% P&T disability rating. It is advisable to seek assistance from veterans’ service organizations or legal representatives to navigate the appeals process effectively.