A proposed reduction is not final
When VA decides a reduction in your rating may be warranted, the law requires them to propose the reduction first, not cut you off. They must send you written notice explaining the proposed evaluation, the evidence they relied on, and your rights to respond.
Until you respond (or the windows close), nothing has changed. Your current rating and payment stay in place.
The two clocks start the day you receive the notice
60 days. Submit evidence (38 CFR § 3.105(e))
You have 60 days from the date of the notice to submit additional evidence showing that compensation should continue at its present level. Final action cannot be taken until this period expires.
Use this window to send VA:
- A current private medical exam from your treating provider, with measurements that match the rating criteria
- A statement from your provider rebutting the C&P examiner's findings (especially if the exam was short, used wrong tests, or contradicted years of treatment records)
- Updated medication lists, ER visits, hospitalizations, or imaging
- Lay statements from spouse, coworkers, or buddies describing day-to-day limitations
- Employment records showing time missed, accommodations, or lost income
30 days. Request a predetermination hearing (38 CFR § 3.105(i))
Within 30 days of the notice, you may request a predetermination hearing. If you request it, final action cannot be taken until after the hearing.
Request the hearing even if you also plan to submit evidence. It costs nothing and slows the clock. You can present testimony, bring witnesses, and have a VSO speak for you.
What happens if you do nothing
If both windows close with no response, the reduction takes effect. Payments drop to the new level on the first day of the month following a 60-day period from the date of the final rating decision (38 CFR § 3.105(e)).
You can still appeal after a reduction goes final, but you have lost the easiest opportunity to prevent it.
What happens if you respond
VA must consider your evidence and hearing testimony before issuing a final rating decision. If the new evidence supports your current rating, the proposal is dropped and nothing changes. If VA still reduces you, you can then file a Supplemental Claim or Higher-Level Review (see the Appeals guide).
Check the protected-ratings rules first
Before fighting the reduction on the medical evidence, check whether the rating is protected by time:
- 5 years or more at the same level → § 3.344 stabilization rules apply
- 10 years of service connection → cannot be severed except for fraud (§ 3.957)
- 20 years at the same level → cannot be reduced below that level except for fraud (§ 3.951(b))
- 100% or TDIU → § 3.343 "material improvement under ordinary conditions of life" rules apply
See the Protected Ratings and Total Disability guides for the full rules.
Get free help from an accredited VSO
A VA-accredited Veterans Service Officer (American Legion, VFW, DAV, state/county VSO, etc.) will fight the reduction with you for free. They do this work every day. They know which arguments work and which examiners get overturned.
- Find a VSO in the Find Help tab, over 8,900 offices nationwide
- Paid claim agents and attorneys must be VA-accredited (verify at va.gov/ogc/apps/accreditation)
- Anyone charging you for VA claim help who is not VA-accredited is committing a federal offense
- A VSO can do everything a paid agent can do up through the initial appeal, at no cost
Action checklist
- Read the notice carefully, note the date you received it (start of both clocks)
- Contact a free accredited VSO today
- Request a predetermination hearing within 30 days
- Gather and submit evidence within 60 days
- Review your C&P exam for inadequate testing or findings contradicted by your treatment records
- Invoke your § 3.103 due process rights, appoint a representative, request the file, bring witnesses to the hearing (see the Due Process guide)
- Check whether your rating is protected by the 5/10/20-year rules