03 Jan How Long Does VA Disability Last?
Many forms of benefits—disability or otherwise—are given for a predetermined amount of time, or until the beneficiary no longer needs them. But how long does VA disability last? Simple. A person can receive veterans’ disability benefits indefinitely depending on ongoing status checks and other factors. Only if the VA finds that your disability has completely corrected itself or disappeared will they request that your benefits cease.
As a veteran, you should not have trouble maintaining your benefits, but if you do, contact Klok Law Firm LLC to speak with a veterans’ benefits attorney at right away. You have rights, and our team will advocate for those rights on your behalf to make sure that your benefits are not prematurely discontinued.
Evaluation of VA Disability Benefits
Before receiving VA disability benefits, you must first meet certain criteria for a disability and then be rated for said disability. The VA will perform an exam and give a diagnosis. Once a diagnosis is made, they will then determine the severity of your injury, and give it a rating. Ratings are determined in ten percent increments, ranging from ten to 100 percent disabled.
Once the VA assigns a rating to your disability, they will determine what your monetary benefits are to be. Monetary benefits are usually determined based on your disability rating. Depending on your rating, the VA may request that you come in for a reevaluation of your condition periodically. At each appointment, they will check for any change in your condition and adjust your rating—and subsequently, your benefits—accordingly.
Permanent and Long-Term Disabilities
If your disability is determined to be static, it means that the VA suspects it to be permanent, and therefore, not subject to reevaluation. If you do have to undergo periodic exams despite a static prognosis, you will only have to do so for five years with little to no change in your condition in order for the VA to deem your disability permanent. Likewise, if you are a veteran over the age of 55, or if a re-examination would not change your rating, a re-examination would not be scheduled.
If you receive a 100 percent disability rating, your rating cannot be reduced unless a thorough medical examination reveals a substantial improvement in your overall health. Additionally, if you have been receiving benefits for 20 or more years, your benefits cannot be reduced or stopped—even if your rating has decreased.
Is It Possible for Veterans to Lose Disability Benefits?
There are only a few instances in which a veteran can lose their benefits. They are:
- When their disability no longer exists
- When they have made fraudulent statements regarding their health
- When they receive benefits they are not entitled to with the intent to defraud the government
- When they are found guilty of treason, mutiny, sabotage, or assisting an enemy of the United States
- When they are incarcerated for 60 or more days in a state or federal prison for a felony or conviction
- When they are a fugitive felon
Unless one or more of the above applies to your situation, you should not have your benefits discontinued.
Consult a Mount Pleasant Veterans’ Disability Attorney
At Klok Law Firm LLC, our veterans’ benefits lawyer can help you in the event that your benefits are reduced or discontinued without a valid reason. As a United States veteran, you deserve and are entitled to the disability benefits you need to live a comfortable and healthy lifestyle. We make sure those rights are upheld by providing advocacy and support when you need it. To meet with one of our legal representatives, contact our office to schedule a consultation today.