The Veterans Administration’s Right to a Reexamination After Your Disability Benefits Have Been Approved

Once the Veterans Administration (VA) determines that you are eligible for VA disability benefits and begins paying you monthly benefits, they may have the right to request you attend a reexamination of your disability in certain circumstances. The purpose would be to review your disability and to determine if your benefits should be reduced or terminated.

When Can the VA Ask for a VA Reexamination?

The VA would begin the process of reviewing your disability by sending you a letter advising you that you need to attend a reexamination, which can be a medical examination or observation at a hospital for a few days. It is crucial that you comply with the request for a reexamination in order to preserve your right to benefits.

The VA does not conduct a reexamination of all cases. They generally start this process in these situations:

• Scheduled reexaminations. When the VA approved your award of benefits, they would have made a decision whether your disability is one that should be periodically reviewed. They would schedule a reexamination if you have a type of disability that is likely to improve over time.
• Change of medical condition. If there is new medical evidence that shows your disability is improving, even temporarily, the VA may request that you attend a reexamination.

When the VA Cannot Require a Reexamination

In some cases, the VA does not have a right to request a reexamination. They should not ask you to submit to a reexamination if any of the following applies:

• You are over 55 years old.
• You suffer from a disability that has been determined to be static or is permanent with no likelihood that it will improve.
• Your symptoms have not improved over a five-year period.
• The rating for your disability falls below the scheduled minimum rating for your disability.
• Your combined ratings are so high that a reduction in the disability rating for one or two disabilities would not affect the overall combined disability rating.

Have you received a letter from the VA asking you to submit to a reexamination? Our experienced VA disability attorneys are here to protect your right to VA disability benefits. Call our Roswell office or fill out the form on this page to schedule a free consultation to learn more about your next steps.