VA can reduce a disability percentage when the evidence shows the service-connected condition has improved, but it must use the correct legal standard and due process. A proposed reduction is not a final reduction. The protection that applies depends on the type of benefit, how long the rating or service connection has been in effect, and whether the evidence shows actual functional improvement under ordinary conditions of life.

First identify what VA is changing

  • Percentage reduction: VA keeps service connection but proposes a lower evaluation under the diagnostic code.
  • Severance: VA proposes to end service connection entirely. Under 38 CFR § 3.105(d), severance requires evidence that the original grant was clearly and unmistakably erroneous, with limited statutory exceptions. A severance issue is not the same as a lower percentage.
  • Temporary total expiration: Hospitalization, convalescence, or treatment-related temporary ratings under 38 CFR §§ 4.29 and 4.30 can end under their own criteria. Their scheduled expiration is not automatically a finding that a protected permanent rating improved.
  • TDIU review: Individual unemployability is a total benefit based on service-connected inability to secure or follow substantially gainful employment. It has additional rules under 38 CFR § 3.343(c); a routine examination or a short work attempt is not, by itself, proof of actual employability under ordinary conditions.

Read the proposed rating's diagnostic code, the current and former percentages, and the effective date. Keep the notice envelope or electronic date because every response period runs from the notice VA sent.

Duration protections: 5, 10, and 20 years

Ratings in effect five years or more. The stabilization rule in 38 CFR § 3.344(a)-(b) applies to ratings that have continued at the same level for five years or longer. VA should review the entire record, use examinations that are as full and complete as those on which the original rating was based, and show sustained improvement—not merely a single better visit. Any improvement must be reasonably certain to continue under the ordinary conditions of life. If doubt remains, the rating should continue. This does not mean a five-year rating can never change; it means VA must meet the stabilization standard.

Ratings in effect less than five years. The full 3.344(a)-(b) stabilization protections do not automatically apply. Under 38 CFR § 3.344(c), reexamination showing improvement can support a reduction, subject to the ordinary notice and due-process requirements. Even in this period, compare the prior and current evidence, identify an actual change in the disability and actual functional improvement, and address whether the veteran can function better in ordinary life. A reduction should not rest on a misunderstood exam, a temporary flare pattern, or a change in wording that does not show real improvement.

Total ratings and TDIU. Section 3.343 adds protections for total ratings. A total schedular rating based on the severity of a condition generally should not be reduced without an examination showing material improvement, considered under the ordinary conditions of life. For TDIU, VA must establish actual employability by clear and convincing evidence. When a veteran begins substantially gainful work, VA generally may not reduce TDIU solely because the veteran secured that work unless it is maintained for 12 consecutive months; the regulation preserves a fraud exception. Employment facts should still be reported accurately, and other evidence can affect the analysis.

Service connection for 10 years or more. Under 38 CFR § 3.957, service connection generally cannot be severed after it has been in effect for ten years, except for fraud or lack of requisite service or character of discharge. This protects the service-connected status, not the percentage. VA may still reduce the evaluation when the reduction rules are met.

A rating level for 20 years or more. Under 38 CFR § 3.951(b), a disability evaluation continuously rated at or above a level for 20 years cannot be reduced below that level except for fraud. A 100% evaluation continuously held for 20 years is protected at 100% subject to the same fraud exception. The clock and the exact protected level are determined from the award history and code sheet, so verify dates rather than counting from a recent increase or from the date a decision was mailed.

Notice and hearing deadlines

When a proposed reduction would lower compensation, 38 CFR § 3.105(e) generally requires a proposal notice that sets out the material facts and reasons. You have 60 days to submit evidence showing why compensation should continue at the current level. If VA receives persuasive evidence in that period, it should consider it before issuing a final action. The final effective date follows the regulation's notice and month-end rules; do not assume the reduction starts on the proposal date.

You may request a predetermination hearing under 38 CFR § 3.105(i). Make the request in writing within 30 days of the notice if you want the hearing protections and continued payment treatment described in the regulation. A hearing request does not replace the 60-day evidence opportunity. Put the proposed percentage, diagnostic code, factual errors, and the evidence you will submit in the request, and keep proof of delivery.

Evidence that addresses improvement

The most useful response compares the examination that supported the current rating with the examination VA used for the proposal. Explain changes in frequency, severity, range of motion, respiratory testing, medication, treatment, work capacity, and daily function. Show why any apparent improvement is episodic, produced by treatment, measured under different conditions, or not sustained. Treatment records and credible lay statements can document ordinary-day functioning; a clinician can explain why a single normal finding does not represent lasting improvement. Do not exaggerate symptoms or coach a witness—accuracy and consistency are stronger than a scripted account.

If VA finalizes the reduction, read the reasons and the effective date, then choose the correct appeal lane. A proposed reduction response and an appeal of a final reduction are different steps. Claim Raven's decision-letter guide, evidence checklist, and calculator can help organize the comparison, but they do not replace a representative's legal review. If a protected rating, severance, TDIU, or temporary evaluation is involved, identify that issue specifically.

Official sources