A proposed rating reduction is a warning, not a final cut, and it starts two separate deadlines. Under VA regulation 38 C.F.R. 3.105(e), you have 60 days from the notice to send evidence that your payments should stay at the current level. Under 3.105(i), VA must receive a request for a predetermination hearing within 30 days of the notice; if it does, payments continue at the current level until VA makes a final decision. VA carries the burden of showing the condition actually improved.
These rules apply when the lower rating would reduce compensation payments you are already receiving. A proposal to sever service connection follows a similar notice process under 3.105(d). If VA finalizes a reduction, it sends a written notice of the final action with its reasons and evidence, and the reduction takes effect on the last day of the month in which 60 days from that final notice end (3.105(i)(2)(i)). The final notice starts your decision-review deadlines; the proposal does not.
Copy the notice into a two-deadline sheet
| Question | What your notice says | Source page or confirmation |
|---|---|---|
| Date of the proposal notice | ||
| Condition, current rating, proposed rating | ||
| Would payments you receive now go down? | ||
| VA's stated facts and reasons | ||
| Last day for VA to receive a hearing request (30 days) | ||
| Last day to send evidence (60 days) | ||
| Where to send each one | ||
| Hearing request sent, and proof VA received it | ||
| Evidence sent, and proof VA received it | ||
| Final decision date and review instructions, when it arrives |
Count from the date on your letter, and plan for VA to receive the hearing request inside 30 days, not just to postmark it. A timely hearing request keeps payments level while the proposal is pending; it does not guarantee the rating survives the final decision.
VA has to show improvement
In a reduction, the burden is on VA. The Board said so directly in A25062915: "in a rating reduction case, VA has the burden of establishing that the disability has improved," which the Board contrasted with an increase claim, where you must show worsening. The same decision applies the rule that improvement must reflect a better ability to function under the ordinary conditions of life and work, and that a change in an examiner's description is not the same as a change in the condition.
Several regulations add protections depending on how long a rating or grant has been in place:
| Protection | When it applies | What it means |
|---|---|---|
| 38 C.F.R. 3.344 | A rating held at the same level for 5 years or more | VA may not reduce based on an exam less full and complete than the one that supported the rating. For conditions that improve and relapse, VA may not reduce on one exam unless the whole record clearly shows sustained improvement, and VA must consider whether improvement is reasonably certain to last. |
| 38 C.F.R. 3.951(b) | A disability rated continuously at or above a level for 20 years or more | VA will not reduce below that level unless the rating was based on fraud. |
| 38 C.F.R. 3.951(a) | A change to the rating schedule | A schedule change alone is not grounds to reduce an existing rating unless medical evidence shows the disability actually improved. |
| 38 C.F.R. 3.957 | Service connection in effect for 10 years or more | VA will not sever service connection except for fraud or clear proof from military records that the service or discharge requirements were not met. This protects the grant, not a particular rating percentage. |
A rating under five years old still needs evidence of actual improvement; 3.344's extra protections simply do not apply to it.
Compare the old and new evidence
A new examiner's milder wording is not the whole question. Put the exam that supported your current rating beside the evidence VA now says shows improvement, and note symptoms, treatment, daily functioning, work effects and flare-ups that your records support. Do not stop treatment or exaggerate a bad day for the record.
| Record that supported your current rating, with date | New record VA cites, with date | Real change, unchanged fact, or conflict | Page reference | Additional truthful evidence to send |
|---|---|---|---|---|
In A25062915 (July 24, 2025), the Board found that VA had followed the required notice steps but restored a 30 percent rating for gastroesophageal reflux disease (GERD) because the record did not show improvement in the veteran's ordinary functioning. Claim Raven's breakdown of the GERD reduction case walks through the evidence the Board weighed.
After you respond
Keep copies of everything you send and proof that VA received it. If the notice schedules an exam or VA sets a hearing, follow the instructions and raise any conflict right away. When the final decision arrives, read its evidence discussion, effective date and review options; the comparison of review options explains which one fits the evidence you have.
Because the 30-day clock is short, contact an accredited representative as soon as the proposal arrives. Accredited Veterans Service Organization help is free; Claim Raven's VSO directory lists offices by state, and VA's accredited representative page explains how to appoint one.
Sources and scope
Checked September 23, 2026 on eCFR (current through September 21, 2026): 38 C.F.R. 3.105 paragraphs (d), (e) and (i), 3.344, 3.951 and 3.957; the full text of Board decision A25062915; and VA's decision review options. Read your own notice for the exact dates and addresses.
GERD Rating Reduction Reversed: What the Board Found in A25062915
PTSD Back Pay Has a Deadline: How Five Days Cost This Veteran Eleven Months of Retro Pay
Some VA Issues Decided, Others Deferred: What to Do