Proposed Rating Reduction, Incompetence, or Severance

BLUF: Got a proposed reduction letter? Don't panic, but don't ignore it either. You have TWO critical deadlines: 30 days to request a hearing and 60 days to submit evidence. The VA can't reduce you without due process—use that process.

What to Do

1. Take a deep breath. You have options available to challenge this decision.

2. Request a personal hearing IMMEDIATELY. The VA will continue paying your current combined disability rate until the reduction process concludes—but only if you request a hearing promptly.

3. Submit a personal statement requesting a hearing via the VA's quick submit portal

4. Develop a winning strategy while waiting. Review the decision letter to understand the VA's reasoning. Gather supporting evidence including:

5. Medical documentation
6. DBQs (Disability Benefits Questionnaires)
7. Personal statements

8. Buddy statements

9. Attend your predetermination hearing after receiving notification of the scheduled date and location.

10. If you disagree with the outcome, you can appeal—but you won't maintain your former pay rate during the appeals process.

Critical Deadlines

There are TWO separate deadlines under 38 CFR 3.105(e):

1. 30 Days — Deadline to REQUEST A HEARING. If you don't request a hearing within 30 days, you lose the right to a predetermination hearing.

2. 60 Days — Deadline to SUBMIT EVIDENCE. The VA cannot finalize any reduction until at least 60 days after the proposed reduction letter date. Use this full window to gather medical evidence.

Important: Even if you miss the 30-day hearing deadline, you still have 60 days to submit evidence. The reduction cannot take effect until after the 60-day period AND proper notification.

Debt Issues

Debts typically aren't created when reductions finalize since effective dates are usually future-dated. However, if a debt does arise and creates financial hardship, you can request a waiver by submitting a written explanation to the VA.

Incompetence Determinations

A finding of incompetency requires that someone lack "mental capacity to contract or manage his or her own affairs, including handling funds without limitation."

Key protections: When reasonable doubt exists about mental capacity, such doubt must be resolved in favor of competency. Simply having a family member manage finances isn't sufficient justification for incompetency findings.

If proposed incompetent, you'll need to obtain a fiduciary if the determination stands.

Reductions Without Due Process

The VA can reduce ratings without due process only if your combined rating remains unchanged. You'd still pursue a standard appeal in this scenario.

Severing Service-Connection

Service-connection removal requires serious grounds:

• Clear and Unmistakable Error: The original grant was based on error (misdiagnosis, erroneous concessions, misconduct-related conditions)
• No legal entitlement: Evidence emerges showing the condition wasn't service-connected under VA law

Mere improvement—even miraculous recovery—cannot justify severance.

Frequently Asked Questions

Non-in-person hearings? Yes, phone or virtual hearings may be available.

VA mileage reimbursement? No, the VA doesn't pay mileage for hearing attendance.

Legal representation? Yes, you may have a VSO or attorney represent you.

Back pay if you win? Yes, you'll receive back pay if your reduction is reversed.

Missed the hearing window? You can still request one, though the VA isn't required to hold a hearing before deciding in most circumstances.

Submit evidence without a hearing? Yes, upload evidence directly to the VA portal.

Secondary conditions if service-connection is severed? Yes, the VA will propose severing secondary conditions as well.