Receiving VA disability benefits can provide financial support for veterans dealing with service-connected disabilities. While the VA often provides ongoing support, there are circumstances that can lead to the termination of your benefits. Understanding these reasons and knowing your options is essential to protect the benefits you deserve. Your Ohio veterans disability attorney explains why benefits may be terminated and what you can do to restore those benefits.
Common Reasons Why VA Disability Benefits Are Terminated
The VA conducts periodic reviews and investigations to make sure veterans receiving benefits truly deserve them. This can lead to a reduction or termination of benefits in some cases. Here are some of the most common reasons why the VA might decide to terminate your disability compensation:
- Fraud or misrepresentation: If the VA discovers that your initial claim or any subsequent information you provided was fraudulent or contained significant misrepresentations, they have grounds to terminate your benefits.
- Clear and unmistakable errors: In rare instances, the VA may identify a clear and unmistakable error (CUE) in their original decision granting benefits. A CUE is a factual or legal error that, if corrected at the time of the original decision, would have resulted in a different outcome.
- Conditions improve significantly: The VA periodically reviews disability ratings to ensure they accurately reflect a veteran’s current health status. If medical evidence shows a significant improvement in your service-connected condition to the point where it no longer warrants the assigned disability rating, the VA may propose a reduction or even termination of benefits.
- Loss of service connection: For a disability to be service connected, there must be evidence linking it to your military service. If new information or a re-evaluation of existing evidence leads the VA to believe that your condition is no longer related to your time in service, they may terminate benefits.
- Incarceration: Incarceration for more than 60 days can impact your VA disability benefits. While benefits are not always completely terminated, the amount you receive may be reduced during your period of incarceration.
The Termination May Not Always Be Appropriate
It’s important to note that the VA’s decision to terminate benefits isn’t always correct or valid. Mistakes can happen, and the VA might misinterpret medical evidence or overlook crucial information. In these situations, you need to understand your rights and be ready to take action to get the VA to reevaluate their decision.
What You Can Do to Preserve Your Benefits
If you receive notice that the VA intends to reduce or terminate your disability benefits, don’t panic. You have options to challenge this decision and fight to maintain the support you need. Here are some key steps you can take.
Work With an Attorney
An experienced Ohio veterans disability attorney can help you figure out your best next steps. They understand the complexities of VA law and procedures, can help you gather the necessary evidence, file an appeal, and ensure your rights are protected throughout the appeals process. They can also identify potential errors in the VA’s decision and build a strong case on your behalf.
File an Appeal
You have the right to appeal the VA’s decision to terminate your benefits. Your attorney can guide you through the different levels of appeal and can help you gather the necessary evidence to strengthen your case. They’ll be able to stay in touch with the VA during your appeal to ensure that the VA is processing your appeal in a timely manner.
Schedule a Consultation Today
Facing the potential termination of your VA disability benefits can be stressful and confusing. You can and should fight the termination if your condition still causes you pain and suffering. Contact an Ohio veterans disability attorney today to schedule a consultation. Our team will work to get your benefits restored so you can get back to living your life.
