Miss conceptions on reducing ratings
I see a lot of confusion about whether you should file more claims after reaching 100% Permanent and Total (P&T). Let’s clear this up.
Misconception: Filing new claims will automatically lead to a potential reduction in your rating.
This is both true and false. It depends on what type of claim you’re filing. Yes, technically, anything is possible when you open a new claim, but here’s the good news, you’re generally safe if the new claim has nothing to do with your current service-connected disabilities.
For example, if you’re service-connected for a knee injury and now want to claim hypertension, those two issues aren’t related unless you’re saying the hypertension is somehow secondary to the knee injury. If your new claim isn’t tied to your existing disabilities, there’s little to worry about when it comes to reductions. The VBA is a million+ debt in claims, we are in no way looking over other contentions that have anything to do with your current conditions unless we need to. However, you should tread carefully in these cases:
Filing for an increase – If you request an increase for a condition you’re already service-connected for, your entire disability rating for that condition could be reevaluated. If the VA finds that your condition has improved, they could potentially lower your rating.
Filing secondary claims – If you’re claiming a new condition as secondary to an existing one (e.g., neuropathy due to your knee injury), the VA may review both the new condition and the original one. If the evidence shows the original condition has improved, your rating for it might decrease.
That said, there are legitimate reasons to file new claims even if you’re at 100% P&T:
Protecting benefits for your family – If you pass away due to a condition that is service-connected, your spouse and dependents may be eligible for benefits like Dependency and Indemnity Compensation (DIC). For example, if you’re 100% for other conditions but develop hypertension or heart disease, filing a claim for those conditions could ensure your family receives benefits if those conditions contribute to your death.
Additional benefits – Some conditions pay additional compensation even if you’re already at 100%. For example, conditions like erectile dysfunction (ED) can qualify you for Special Monthly Compensation (SMC), which is extra money on top of your current benefits. There are several other conditions that might qualify for this, so it’s worth looking into.
To summarize, filing new claims after reaching 100% P&T isn’t inherently risky, but it’s important to understand the potential consequences and benefits. Do your homework, make sure your new claim is unrelated to your current service-connected conditions, and consult with a VSO (Veterans Service Organization/officer) or someone experienced with VA claims before filing.
For more information, check out:
38 CFR § 3.105 – Rules on revising disability ratings
38 CFR § 3.22 – Dependency and Indemnity Compensation (DIC) guidelines
38 CFR § 3.350 – Special Monthly Compensation (SMC)
If you have questions, feel free to ask. I’m happy to help where I can.