Yes, the VA can withdraw an overall and permanent disability rating of 100!
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Can VA change a permanent and complete rating?
No, VA cannot reduce a full and permanent VA rating unless the original disability rating was based on fraud. The main benefit of being considered "permanent and full" or 100% P&T is that your VA rating is protected from future downgrades. This means the VA can NEVER lower your score!
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Can 100% P&T be discounted?
While unlikely, VA's 100% P&T ratings may be lowered if VA sees an improvement in condition. In most cases, however, the VA assumes that veterans with P&T ratings will have to live with, or the remnants of, severely debilitating service-related conditions for the rest of their lives.
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Can a VA rating for permanent disability be reduced?
VA may downgrade an overall rating (ie, a 100% disability rating) only if the veteran's condition improves significantly.
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Is VA permanent and totally forever?
VA disability assessments are generally not permanent. Rather, they are subject to review by the US Department of Veterans Affairs (VA) at all times. If the VA determines that your situation or condition has changed since you received your original rating, they may assign you a new rating or discontinue your benefits altogether.
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Can the VA take away 100% of your permanent and total disability? Yes, you can
Can I work if I have a sustained and complete 100% PTSD score?
Veterans rated 100% VA permanently and totally disabled are not subject to any restrictions on employment unless the veteran received that rating through Total Disability Based on Individual Unemployment (TDIU).
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Can a veteran with 100 disabilities be called to active duty?
As long as you are medically cleared for duty, just having a VA disability rating is not enough to disallow you from active duty. However, federal law prohibits members from receiving military compensation and VA disability compensation for the same day of service.
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70% PTSD is a permanent VA disability?
Although the terms "permanent" and "complete" are often discussed together, it is possible to have a permanent disability that is not completely disabling. For example, a veteran may have a 70% permanent disability (eg, PTSD), but the PTSD is not "complete" because it is less than 100%.
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How often does VA reduce disability rating?
Generally, the VA can reassess your disability rating every 2-5 years unless your rating is permanent or protected. Depending on the results of the retest and retest, you may see a reduced score. Some conditions are likely to vary in severity over time.
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Is PTSD a permanent disability?
Yes, PTSD is considered a permanent disability by VA. The Department of Veterans Affairs recognizes PTSD as a serious, life-altering mental illness and will provide disability benefits to qualifying veterans with PTSD.
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Are you at 100 P&T?
Permanent and Total Disability, or P&T, refers to veterans whose disabilities are total (rated by VA as 100% disabled) and permanent (with zero or near-zero chance of recovery).
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Will VA Reassess Permanent Disability?
The VA may reassess and downgrade an overall score if there is evidence of significant improvement in your condition. In this case, the VA must prove that your condition has improved to such an extent that there has been an observable change in your ability to function under the conditions of everyday life. You have a permanent disability.
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What is VA Rule 55?
What is the VA 55 Year Rule? Veterans receiving VA disability benefits for service-related conditions are exempt from future periodic evaluations when they reach age 55. This includes veterans who will be 55 years of age on the date of a next review under the VA Award Procedures Manual.
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What is the VA 10 year disability rule?
The VA 10-Year Disability Rule states that the US Department of Veterans Affairs (VA) cannot revoke a disability rating that has been in effect for at least 10 years unless there is evidence of fraud. This 10-year period is calculated from the effective date of the original VA allocation for the service connection.
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How often do you re-examine the VA?
How often does VA reassess qualifications? VA generally reassesses veterans' service-related impairments twice: six months after leaving the military; It is between two and five years from the date of the decision to grant VA disability benefits.
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At what age does VA disability end?
When veterans reach age 67, all VA disability payments would reset to the amount associated with the classified degree of disability; Veterans 67 and older who are already receiving UI payments will no longer receive them after the option's effective date.
See cbo.gov for the full answer
Do I lose my VA disability if I go to a nursing home?
VA may cover all or part of the nursing home costs for disabled and elderly veterans. The Department of Veterans Affairs (VA) provides short-term and long-term nursing home care for veterans who are not sick enough to remain hospitalized but are too disabled or too old to fend for themselves.
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Will you get a lifetime VA disability?
If the VA rates you 100%, they also have the option of naming you permanently and fully disabled. If you receive this designation, your benefits are secured for life.
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Do I lose my VA disability if I get a federal job?
If you work and receive performance-related pay, VA will not penalize you. Labor veterans will only have problems with the VA if they receive TDIU and their work is seen as substantially rewarding.
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Can Veterans With PTSD Own Guns?
Veterans with PTSD and gun rights
§ 922 because the applicant "was not considered mentally retarded or committed to a mental institution," but there is no outright prohibition on firearm possession based solely on a mental health diagnosis.
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How many veterans count as 100 disabled?
Number of veterans with a 70 to 90 percent disability rate: 2,420. Number of 100% Disabled Veterans: 1,180.
See Lawyersforthedisabled.com for the full answer
Can the IRS Pledge My VA Disability?
The IRS generally cannot grant VA disability benefits, even if the veteran concerned files for bankruptcy or has significant financial debt. However, the IRS can grant VA disability benefits if the veteran fails to pay statutory child support or child support payments.
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What is the VA 5 Year Rule?
The VA's 5-year disability rating rule states that the United States Department of Veterans Affairs (VA) cannot downgrade a veteran's disability rating when it has been in effect for five years or more, unless the condition shows sustained improvement over time . In this situation, the veteran's rating is considered the stabilized rating.
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Can veterans be called up for duty?
Rules vary, but in general any reservist may be called to active duty during a declared war or national emergency plus an additional six months. This declaration of emergency or war must be issued by Congress.
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Can the military call veterans?
Although not common, retired soldiers of any age may be called to active duty to stand trial before courts-martial. The civilian justice system generally prosecutes retired military personnel for misconduct.
See va.org for the full answer
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