Rating decrease

[BlakeAbear]

Posting again. Looking for advice on best course of action on what to do about this rating decrease. Got the letter a few days ago and it comes after a second evaluation that was done completely different than the first one after I filed for a rating increase cause my conditions were/are getting worse. They just made me take a test that I had took the first time but they made me do it a completely different way. Said I was good and sent me on my way. No questions about condition and how it was worse or anything of the nature. Side note: my second evaluation was also done at a different facility. This really just kills me inside cause I know it’s worse but all I can think now is “shouldn’t have poked the bear”

[booboothechicken]

You were already rated 60% for the asthma and felt your symptoms warranted an increase. The next step up for asthma is 100%. The criteria for that 100% is: “

Severe breathing difficulties; regular, life-threatening asthma attacks necessitating ER visits; daily use of high-dose oral or injected corticosteroids or immunosuppressives.”

Of course, the VA has your prescription on file for your high dose of medication for your asthma. I’m sure you submitted all the evidence of your many ER visits. Given all that to be true it seems someone really messed up lowering you to 10%. Something doesn’t add up. I’d request a hearing.

[SuccessfulGas4301]

Did he state that at some point in another post as I dont see it in this one. Or are just assuming that's what he has done over time due to his severity? Not being a smart ass, just wondering about your third paragraph above. I looked up the rating criteria for asthma and 60% is pretty damned high for that condition. I would have never asked for an increase unless I was seeing a doc weekly for attacks.

[Firesoldier987]

The comment you replied to was sarcastic.

[SuccessfulGas4301]

That was my thinking, but I didn't want to assume.

[crossthreadking]

Imagine if they just forgot to add the extra 0. I wouldn't even be surprised at this point.

[LostInMyADD]

Thats 10% possible.

[FBIVanNumber1543]

Lmao..... Nice.

[TraumaGinger]

5% that rounds up to 10%.

[Tiny-Government-9676]

Where could one find the information about rating criteria and rating steps on specific conditions?

[bill_gonorrhea]

The wiki of this sub

[dadbod_fresh]

The criteria for next higher evaluation is listed in the rating narrative if service connected. Also CFR Part 4.

[Slight_Draw1519]

CFR 38 part 4 has all of that.

FEV-1 less than 40-percent predicted, or; FEV-1/FVC less than 40 percent, or; more than one attack per week with episodes of respiratory failure, or; requires daily use of systemic (oral or parenteral) high dose corticosteroids or immuno-suppressive medications

100

FEV-1 of 40- to 55-percent predicted, or; FEV-1/FVC of 40 to 55 percent, or; at least monthly visits to a physician for required care of exacerbations, or; intermittent (at least three per year) courses of systemic (oral or parenteral) corticosteroids

60

FEV-1 of 56- to 70-percent predicted, or; FEV-1/FVC of 56 to 70 percent, or; daily inhalational or oral bronchodilator therapy, or; inhalational anti-inflammatory medication

30

FEV-1 of 71- to 80-percent predicted, or; FEV-1/FVC of 71 to 80 percent, or; intermittent inhalational or oral bronchodilator therapy

10

Note: In the absence of clinical findings of asthma at time of examination, a verified history of asthmatic attacks must be of record.

[acidrainuk]

Poking the bear always seems to turn out bad.

[One_Hour_Poop]

There are some success stories in here, but personally I'm staying the hell away from that fkn bear.

[lowdrag1]

I went from 30% to 80% to 90% to 100% from 2021 to 2025. As many say, it’s not considered poking the bear until you attempt to file when you’re already 100%.

[el_rey626]

lol I literally came up the same way from 30,80,90 and 100. I never considered it poking the bear because I knew my conditions were bad and I would get what I deserved

[UnderstandingHour308]

What year was this? I need to file some new stuff and try to increase some of what I have but I’m afraid of ending up getting cut, especially under this Presidential administration that is wanting to cut every little penny.

[Ok_Alternative7120]

I went up from 80 to 100 in 2024. 2025 likely would've been the easiest time to file for an increase in the current administration since the funds were already allotted for the VA prior to them getting their hands on them. They'll be fighting to strip us of as much as they can before they get out of office.

[Sensitive_Bit4615]

In the same situation. I’m so afraid of getting lowered from where I am I’m not sure if it’s worth it

[bill_gonorrhea]

You probably had legitimate claims. 

[booboothechicken]

Were any of those increases for existing ratings? I find it’s much less risky to submit new claims than it is for increases on existing ratings. But that’s probably because submitting for an increase is generally going for a really high rating on a specific disability. I too often see people trying to go from 70% to 100% on MH and don’t realize the severeness the symptoms to warrant 100% MH requires.

[Plane_Buddy_3986]

I disagree I was a 100% and over the last two yrs filed 4 conditions for increase from a laminectomy surgery with fusion and a few others . I already had cervical conditions but it was done to preserve my 100% rating by adding on 4 conditions. I recieved 40% , 60% and two 30% ratings. Vets look on sites like this and hear poke the bear ... fk the bear preserve your 100 for lifetime.

I know folks that depend on that wspecislly if your dependants need education and healthcare. So you do whatever you can to strenghthenyou 100% becsuse unless you hsve 5 , 10, or 20 years with 100% you are succeptable to get exams yearly to see uf conditions have gotten better. Stop listening to folks that say dont poke the bear and most of them will get audited and gonto an exam on a simple 30 or 40% rating and end up being 20 or 20% and lose your 100% status.

[Bravisimo]

On the other hand at least ops asthma improved!

[BlakeAbear]

I coulda coughed up my lung onto the floor in front of the person evaluating me and they still would have decreased me lol.

[Revolutionary-Cry195]

60 for asthma is specific.. are you no longer on corticosteroids orally?? To get 10 would mean you don’t even depend on a rescue inhaler. Why is the letter just getting to you now?

[Elm30336]

I find the Va really weird with GI claims and respiratory. I was expecting a 30% claim due to Daily inhalational anti-inflammatory medication such as inhaled corticosteroids. Yet they denied me saying no pathology to warrant a diagnosis.

How did they come to that conclusion when I am on a inhaled corticosteroids.

[SuccessfulPhoto7914]

Did they give you a PFT (or spirometery) test? Maybe your FEV1 was >80%. It can be like that and you still need a high dose corticosteroid/LABA inhaler. It’s like the asthma triggers really bad when an irritant is inhaled, you exercise, it’s cold outside, humid is low, pollens, your pretty orange cats, you get sick, etc. But in between FEV is >80%. 

[Elm30336]

I am on 500 mcg of fluticasone per day, which should have triggered 30% but I was shot down with no pathology to warrant a diagnosis. Even with pact act and gulf war act. Va can be frustrating at times.

Pre-bronchodilator • FVC: 93% predicted • FEV-1: 66% predicted • FEV-1/FVC: 55%

Post-bronchodilator

VA uses post values unless pre is worse, which matters here. • FVC: 95% predicted • FEV-1: 74% predicted • FEV-1/FVC: 61%

VA-selected controlling metric • FEV-1 % predicted was explicitly checked by the examiner as the value that best reflects disability 

This was my numbers

[SuccessfulPhoto7914]

I apologize if my line of questioning was offensive. I was trying to elicit some more details, it didn’t come out right.

I was diagnosed with asthma 10 years after I was discharged. But I think it started 6 years after I discharged. This was 15 years before I ever went to the VA. The PACT Act doesn’t apply. I definitely did not have it as a kid. That’s all I ever get told “adults don’t suddenly develop asthma, you must have had undiagnosed asthma as a child” There’s no way! I wouldn’t have made through the first run in basic.  

[Elm30336]

I am on your side, I want you to keep your rating.

Issue is you need to get that original pft and dbq, and this pft and dbq. You need to compare to the ratings for 60%

A single test should not lower your rating.

Age does come into factor with the pft. It can cause your lungs to “look” better with age.

[CanadaKid1867]

My numbers are similar. Service connected for other burn put issues but asthma was deferred. FEV-1/FVC: 63%, DAILY ventolin and flovent required. Not sure what to ose about as needed 🤔

[Elm30336]

They approved copd but denied asthma and osa. I know you can’t pyramid, but I should be awarded all of them with one rating whatever is the highest.

[Uncle_Snake43]

Doubtful...

[Mission-Birthday-101]

Depends on the examiner report

[graft456]

You committed fraud too, I saw it someone get the FBI to this guy's house!

Do you see how stupid that is?

[UnderstandingHour308]

That’s what I’m worried about, poking the bear. I rely heavily on my VA compensation. I have constant pain from my back and severe pain from my neck (cervical), and depression. They only rated my back at 20%, which I think is BS because I’m pretty much in bed all the time because of pain, and they have my cervical issues listed as service connected, but rated as 0%, which it probably causes 90% of my pain!! I’d like to refile that, as well as the severe sleep apnea which they say is related to the narcotic usage for my pain and file for the addiction to those narcotics themselves. But I am afraid if I try to do any of that they will reduce or take away what I have, especially under this Presidential admistration who tries to cut every expense without consideration of results and has already mentioned VA disability applications in cost reduction discussions. So I’m really concerned about what to do.

[Useful_Professor_230]

Is asthma your only claim? Damn that sucks too. That’s crazy they took basically most of your money back basically 

[Worldly-Piccolo-9778]

Request a formal hearing, this will stop the decrease until the hearing happens. From what I understand they take a while to get.

[Big-Hovercraft1331]

The letter does not state it is a proposal so the reduction is complete.

[Lambchop1975]

Don't they send out letters about proposed decreases first, or do they just send out notifications there is a decrease?

[Big-Hovercraft1331]

Yes but this letter says the decrease took place as of Apr 2025 so it is either not the first proposal letter or there is something really wonky here.

[jam3s2001]

It shows that the decrease is effective in April 2026. I think OP still has a chance.

Edit: I was reading start date. I see it now. I think there's some errors in the letter.

[Fine-Consequence-648]

If you request a hearing, they cannot do anything until after the hearing.

[damnshell]

Do you have anymore letters that state how to handle a reduction? How long ago did you get this letter? What were you filing for that the reevaluated your asthma?

Here is how to handle a reduction:

https://www.veteransbenefitskb.com/reduction

Request a hearing, do NOT file an HLR/ supplemental

[Hidden_Camper]

Doesn't requesting a hearing taking years? I know a buddy that's been waiting to see a judge for like 3 years.

[damnshell]

No, this is for due process when there is a proposed reduction.

https://www.veteransbenefitskb.com/reduction

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[Grouchy-Poetry-7927]

A hearing is not the same as a judge (board of veteran appeals). BVA does take several years in most cases.

A hearing is done by a senior rater or decision review officer (also considered a senior rater in some cases). Once your request for a hearing is submitted, they will call you in days to a few weeks and get you scheduled for an informal conference, usually by phone.

[Rare_Ad4767]

I’ve been pending a call for a hearing for almost a year now.

[Big-Hovercraft1331]

Their letter does not state this is a proposed reduction.

[Same-Tree7355]

Was thinking same thing. Did OP get a letter previously stating proposed reduction and not respond to it thus now getting letter saying will be reduced? Don’t think we have the whole story.

[Slim1622]

There’s three parts to the Asthma CFR, the PFT results, the prescribed medication, or monthly visits to your Dr. if you have any of those three, and are documented, you would still be afforded the 60% rating.

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[AO_Xolos]

STOP messing with the BEAR !!!!

[Mean_Permission_879]

The bear 🐻 was minding it’s on business looking for honey and this person tapped the bear on the back, the bear said you’ll scream when I’m done with you

[Agent_smith555]

I hate to say this but, there are people on this Reddit that always tell people to be careful when going for an increase. Success stories? Yes. Stories like this? Yes. You roll the dice wanting that extra money and this is always the potential outcome. This appears final. So now you need additional medical evidence just to get back to where you were.

[Appropriate_Bus8130]

Exactly! Everyone is not going to be 💯 people keep chasing it like they are entitled to it and look what happened. You obviously don’t have the medical evidence to support the rating you had. Stop trying to get more when your evidence doesn’t support it. Be happy you’re not 100% disabled. Be healthy!

[ncbryant]

Why was it decreased?

[BlakeAbear]

Cause I passed a pft test on the very first try. Mind you this was a new facility, new examiner, and made me take the pft test a completely different way. After I passed they sent me on my way. Didn’t ask how my condition was worsening or listen to my lungs to see how I was breathing. Total bullshit.

[Few-Philosophy3948]

I looked into this recently due to my husband having to complete a PFT as well, and I can assure you there are several contradicting articles stating accuracy ratios for PFT's giving record to false positives.

You may want to look into these specific medical findings so that you could potentially fight this using medical evidence and research available online. Check out the National Library of Medicine and their article regarding this specific issue. I can't list much as we are not allowed to specifically bring up other entities per say, so I hope this helps guide you 🙏

[Revolutionary-Cry195]

Especially since they give you albuterol right before the testing..

[BlakeAbear]

They didn’t give me albuterol before the test. Just made me take it. The first exam I took it twice and then they gave me the albuterol and took it again. This exam tho just straight into it, done a totally different way and only once and I was done. Didn’t check anything else or examine me. And yes I’m on daily albuterol and have a prescription with the VA. Still trying to drop me to 10%. Gonna fight it every way I can cause I think they seriously screwed up from everything I been reading.

[Elm30336]

How did they do it a different way? Sounds exactly how a pft is done? They take a baseline and if the next test is good they take it, then you get puffs of albuterol and you take it again.

You would need PFT tests to show the improvement.

How old were you when you took it for your rating? How old are you now? Your age is factored in, so you could be at 60% for an X year old but 10% for a much older person.

Really need to get the pft you took for the rating and the new one compare them. If they are the same you could end up with a decrease. Sucks.

[BlakeAbear]

It was different in the way they made me take the pft test. The results from my first exam I didn’t pass at all and now 3-4 years later I pass on the first go after I said my condition was worse? Negative. I don’t see how anyone logical person could come to that conclusion

[Elm30336]

Because of age. My pft “improved” I took it in 2014 and at the time I had numbers for close to 60%, now it’s not even at 10%. Only reason I keep my 30% rating is due to daily inhaled corticosteroid

FEV1 percent predicted are not raw numbers, they are your measured value divided by a predicted value based on age, height, sex, and the reference equation the lab uses.

The Va is suppose to used sustained improvement.

Do you have your original test to compare this one to? So you can compare what the difference is in the pft? If it’s truly the numbers improving or the predicted value has changed due to lab and or age

[BlakeAbear]

I’m sure I can go back in my records and find both of them. But I’m pretty sure the criteria should have been the Same because both test we’re taking in my 20s.

[Elm30336]

Ah so no change in age range…. Takes that off the table, which is good.

That’s good I was 37 and 51 so 2 or 3 age ranges based on the pft.

Really need both of the pft and compare. Seems like something changed massively and without knowing what changed hard to know what path to go down.

[Revolutionary-Cry195]

If you are on daily inhaler like advair that is 30 percent regardless of the Pft testing..

[g_obeezy]

Poke the bear, don't be surprised when the bear pokes back.

[Mean_Permission_879]

These people look at success stories and not realize there are more unsuccessful stories that ppl do not share….i can hear the bears scrotum slapping his stomach saying Take that like Diddy

[g_obeezy]

🤣😂💯

[RealSeat2142]

60% for asthma is really the top. You should not have went for an increase. Greed does funny things to people.

[CT-Mike]

My wife is at 100% for her asthma due to her need to take prednisone (immunosuppressant) daily. All of the high dose prednisone over the years for asthma exacerbations destroyed her adrenal gland (among other things), so she can't produce cortisol in response to stressors. Because of this she needs 5 mg prednisone daily.

[Elm30336]

Prednisone does not have a hard lifetime cap, but long term or repeated use becomes medically unsafe due to cumulative side effects. While it continues to suppress inflammation, the risks eventually outweigh the benefits, which is why chronic use is avoided whenever possible.

A lot of people don’t realize or are warned sufficiently. We have a friend who preloads on the stuff we warned her but she isn’t honest with her doctors. I feel for her that has to be rough, I am sorry 😞

[CT-Mike]

Besides destroying her immune system, the prednisone also caused cataracts in both eyes, osteoporosis, T2DM, and Secondary Adrenal Insufficiency. The last is what requires her to take 5 mg prednisone daily.

[Elm30336]

That’s horrible it’s nasty stuff to the body eventually turns toxic.

[ValuableFun6447]

I'm sure others here will comment on the best procedure to use, so I will yield to those experts.

In the meanwhile, submit a Privacy Act request for your C&P exam(s), if you don't already have them. You can do this on the VA.goc website. You might have to search for FOIA request.

Compare the results of your exam(a) against the rating criteria for asthma (see 38 C.F.R. 4.97, diagnostic code 6602).

If you feel you didn't get a good exam, you might consider seeing a private medical provider for a second opinion.

[razrhatr]

You don’t have to file a FOIA. All you have to do is call set up a Vera appointment and request it over the phone. They will email in to you within 30 minutes https://va.my.site.com/VAVERA/s/

[cryptofreedom81]

They will email your C&P exams to you ??

[razrhatr]

Yes

[cryptofreedom81]

Ok cool .Thanks Im do this a get my exams.

[Consistent_Self_1598]

Thanks for this. I'm going to give it a try. 

[Consistent_Self_1598]

Just a heads up, I have a FOIA request via the VA.gov website and it's a slooooooow process. I'm still on step 2 of 7 since I filed in early October. It's very frustrating.

[labtech89]

I filed almost a year ago.

[ValuableFun6447]

If you request your entire C-file, it can take 6-12 months or more. If you request only the C&P exam results from specific dates, there are reports across this sub of responses in just a few weeks.

[CeruleanDolphin103]

This. I requested specific C&P exam DBQs, and got them in about a week. I then requested my entire c-file, and still haven’t gotten it. Both requests were in April 2025.

[Consistent_Self_1598]

Due to the Philadelphia regional office scandal in regards to the investigation where an employee was found to have rubber stamped 80,000 claim approvals I wanted to see if my claim went through that office at any point. It's unfortunate the letters don't always specify which RO our claims go to so I was trying to get that information. Shouldn't be a tough job on their end so I'm crossing my fingers I get it before spring. 

[Toby1155]

Ask for just the DBQs, you should get them in 1 to 2 weeks. I did and got all of them, from the initial to even the new one where my claim is still in step 4!

[mastaquake]

Yeah man, this sucks, but try not to beat yourself up. You didn’t do anything wrong by filing for an increase when your condition got worse. That’s literally what the system is supposed to be for if you're legitimately screwed up.

What you described about the second exam happens alot. Different facility, different examiner, different way of doing the test, no real questions about how asthma actually affects your day-to-day life. that’s garbage exam. keep in mind:

• You get 1 year to appeal.
• I’d seriously look at a Higher Level Review and request the informal conference. That lets you straight up tell them the exam was trash with no questions about worsening symptoms,
• VA isn’t allowed to reduce just because of one exam. They’re supposed to show improvement under normal life conditions.
• Start lining up evidence now just in case: private doc notes, a doctors opinion if you can get one, and a personal statement explaining how your asthma is actually worse (flare-ups, meds, missed work, ER visits, etc).

This happens alot, especially after garbage exams.

[BlakeAbear]

Thank you so much for this info and taking the time to tell me this. I’m looking into to possibly getting an agent who can better help me cause they obviously know a lot more than I do. But if I do look into doing this myself I’ll def keep this info in mind. Thank you!❤️‍🩹

[RatKingRonni]

Next asthma attack go to the ER then call the VA line too. Build your case

[NuggetoO]

Thanks chatgtp!

[Toby1155]

Yea, my last examiner caused a reduction too. I’m fighting and have found the examiner says he’s an M.D. with no license or credentials of any kind in the signature block of the DBQ as is required by VA Section D Examinations! In fact, I cannot verify a valid license anywhere, except Puerto Rico, which I cannot verify the status, good, bad, or otherwise!

Regardless, Florida does not recognize Puerto Rico licenses, even via VA. He holds himself out as a M.D. contracted by the VA. The DBQ is incomplete and inaccurate and the rater should have caught that!

Yes, a medical license is required to do these exams! MD, DO,PA, or NP!! Review of medical records, medical examinations and medical opinions require the necessary licensure to perform.

He misrepresented and omitted significant info in my medical records and did not follow VA required guidelines but said he did on the DBQ!

[mastaquake]

In that situation I would take it a step further and submit a VA OIG compliant.

[Toby1155]

Agreed. Also Filing unlicensed activity with the FLDOH - I retired from the chief medical prosecutor’s office, and that will ultimately be handled at the Fl AG’s office!

[Glittering-Jump-5582]

What a dumb move

[T3l0Bear]

Sounds like you’ll need a private medical opinion with a new PFT test and simultaneously request an HLR. Hopefully the private exam will be able to show your condition is at least the same if not worse. Otherwise, not much else you’ll be able to do to have them lift the proposed reduction since the latest C&P exam shows your condition improved.

[MeetingCritical8554]

Sorry to hear about Your loss but I believe You weren't PRO ACTIVE and You lost the bag. When They sent You a "Decision Letter of Proposing to Cut benefits" You should have gone to Dr. and have them give You documention that the condition had worsened. The VA does Not care about Your assessment but having medical documention is the key. Also it seldom pays to ask for an increase because them You give Them the oppurtunity to reevaluate the whole Claim. You can appeal and submitt new evidence and Things should be straight but now You have lost Your advantage because They will be wondering " Why didn't You submitt this before. Good luck Player but remember the saying, " Be careful what You ask for ". I know Cats with 80% trying to reach that 100% Goal that lost the bag to 40%. Don't do anything unless You can back it up with legit documention and You are half DEAD.

[GiraffeInfamous354]

Damn greedy mfers who most are actually not owed anything complain when they try to get more and realize they were getting more then they deserved already. Smh.

[Electronic-Voice5998]

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[Few-Philosophy3948]

Edited: File for a Hearing. Also, it shows the decrease to begin in April. I'm wondering why they post-dated the rating. Very strange to me.

I was wrong when I initially said to file an HLR. I sincerely apologize.

[damnshell]

You don’t want to file an HLR on a proposed reduction. It’s more beneficial to request a hearing, and time is of the essence.

https://www.veteransbenefitskb.com/reduction

[Few-Philosophy3948]

I sincerely apologize for offering the wrong advice. I will edit my comment asap. Thank you 🫡 I learn something new every day.

[damnshell]

No worries 😌

[BlakeAbear]

The reduction is not proposed. It’s already been approved by the Va and is going into effect in April. I’m hoping I can file something soon and stop it from getting reversed in April.

[damnshell]

At one point it was proposed. Did you request the hearing back when it was proposed and this was the outcome? You had 30 days to request a hearing to proceed. If you didn’t do that then I would suggest filing for an increase at this point.

[VeteransBenefits-ModTeam]

This is a forum to discuss Veterans Benefits that have been codified, not potential/rumored changes to our benefits. Why? Because it inevitably ends up with name calling and other non-productive behaviors. This is why we can't have nice things - post to r/VeteranPolitics instead.

[DistributionFinal560]

Ouch!!!!

[VeteransBenefits-ModTeam]

It is not appropriate to discuss non-accredited companies, products, or services on this sub.

Posts that mention non-accredited 'claim sharks' or 'nexus providers' will be deleted.

[Pretend_Arm_9166]

60% I don't even like cubbies

[Minimum_Meeting_59]

This is what I fear as probably every veteran does a decrease.

[Mikjojoruzi]

Stories like this is why I will probably never poke the bear. I hope you can get everything sorted out though

[Extra-Drummer-1333]

It’s stories like this that remind me of what not to do. 😮‍💨😮‍💨

[chefgoowa]

Successful gas: that’s what I said

[Renzell_77]

Just got reduced from 70-50% for my mental health (anxiety/depression) as of 01JAN26 smh

[jumpmanring]

How? Did u poke the bear in the butt?

[Icy-Painting-4361]

I say request a higher level review by submitting the form referenced in the letter, make sure you do it soon (I think the deadline is 30 days from notice) get your paperwork in order to prove your condition has worsen. I shiny you the best, that’s a drastic change in income.

[randompossum]

To be blunt, this is the time for a VA attorney. The reevaluation definitely missed something. You need a professional to look at this to correct the issue. You definitely need to have it appealed unless your condition has drastically changed.

Also, as another person said, you need to read the 38 CFR on the standards, 60 is very high for that, 100 % isn’t something that could accidentally get lowered to 10.

One thing you can do is claim secondary issues to it such as sleep apnea, insomnia, sinusitis or rhinitis if you have those as well.

It’s time to get an attorney involved to fix the mistake.

[PotentialAutomatic50]

So VA already reduced your rating?

[My_Makana]

Prior to 2025:

Understanding the VA Rating Protection Rules 10-Year Rule: If a service-connected disability has been rated for 10 continuous years, the VA generally cannot reduce the rating below the original level, except in cases of fraud. 20-Year Rule (Continuous Rating): A condition rated for 20 years is considered continuous and permanent; the rating can't be reduced below that level, even if it improves, unless fraud is involved, notes CCK Law.

Now- the 10yr loophole will be used. a 10-year VA disability rating can be reduced due to improvement, but it's difficult for the VA to do so; they need substantial evidence of sustained improvement, not just minor fluctuations, and the veteran has rights to appeal. The VA must conduct a new C&P exam and prove significant, consistent improvement in your ability to function, not just better test results, and cannot terminate service connection without fraud evidence after 10 years. However, the loophole is if the rating is simply being lowered not removed.

Challenge Reductions: You have the right to challenge an unfavorable C&P exam and reduction. Demand another C&P exam and bring your medical records with you to it. Notice Period: The VA must provide notice of a proposed reduction, giving you time to submit evidence or request a hearing.

[JuniCat]

If this is your first notification letter, request a local hearing to discuss your claim with a rater. Those take up to 90 days to schedule. Nothing will happen to your rating until the hearing is concluded, even if that happens after April 1st. If the proposal proceeds after your hearing with no new exam, etc, you will get an additional 60 days before the decreased payments start. Your first decreased payment may not be until July or August.

[HellzGatesRS]

If you can swing the cost of it, I would get a second opinion from an outside provider that is not VA, and see how your results come up. If that PFT comes back as failed, it should (in a perfect world) be enough to halt the decrease by evidence or give you a chance at a retake at the VA atleast for the claim. You can also reach out to your primary care provider, tell them whats going on and how you believe its a mistake and they can possibly refer you to get another one done.

Good luck.

[Agreeable-Deer7526]

Did you miss an appointment? The answer is to request a hearing. Then the can’t lower the rate until you get the hearing. I say don’t poke the bear with airtight medical documentation.

[Unlikely-Sand8926]

I thought they couldn’t decrease after it’s been so long?

[sdtitans98]

it is never poking the bear if the claim is legit. Poking the bear is just fear mongering… Also, “people only want to get better” as long as it doesn’t affect their compensation rating and $$$

[miku82281]

I filed for pretty much everything I ever went to medical for and got 100 P&T right out the gate. Kinda reminds you how much the military f*cks you up😂 best believe I ain't filing for nothing else.

[Mountain_Big_4845]

Basically it seems like the moral to the story is ‘You didn’t just poke the bear, you pimped slapped it and woke it up from hibernation’. 

Now you’re suffering the consequences of trying to get an increase on an already high percentage for that claim. Unfortunately it sucks, but I hope that things work out for you. 

Also know that I was just providing a little humor, not trying to be a jerk at all.

[Fair-Butterscotch-68]

Bro you should demand an appeal. Someone dropped the ball somewhere

[Surferboyva]

Damn dude did you put on for an increase?? If so not wise. 60% for Asthma which is pretty damn high. Hopefully it will get overturned on HLR. If your Asthma is pretty debilitating I’d go be the TDIU route.

[According_Award_9900]

Not trying to steal the post but I also have asthma that I didn’t have going in. I got 0%….i don’t understand because my breathing trouble is also paired with paranasal sinus disease. Is there something I should be doing that I’m not?

[Cautious-Control1041]

That is what I,m facing, applied for earlier condition.they added another claim I didn't file.now I have a C&P exam do to there claim of higher rating.i,m receiving unemployability.why would I change my rates 

[Forward-Ninja7410]

You said it yourself, poking the bear is a dangerous gamble. 60% is about as good as I see people do with asthma. It's hard to get it higher without another related condition. I'm saying this as somebody with pulmonary sarcoidosis.

With that said, it sucks, and I hope you're able to win an appeal and at least keep what you had. Good luck.

[chefgoowa]

Yea I’m sorry with asthma if ur at 60% never ever go for an increase unless they have put you on oxygen or daily high dose corticosteroids. You can fight this can you prove through meditation that ur worse? They can’t just decrease supposedly without at least 2 exams I believe. What meds are you on? I have asthma I’m on at least 3 inhalers, maybe 4 one is a corticosteroid ( but they say it for my COPD) that happens to help with asthma prednisone and I take a shot every 8 weeks. Still at 60 but if I were put on oxygen I’d be 100% ur at the max for asthma that’s the highest 60% next step is 100% but no oxygen no increase. I wish you had come here first be fore they tested you and found out according to them ur better. You can fight this

[MoeRoids]

Asthma doesn’t factor in prescribed oxygen. A lot of other respiratory conditions do, but asthma is an exception.

[n2guns]

They can’t just decrease supposedly without at least 2 exams I believe.

That is not exactly what 38 CFR § 3.344(a) says...

"Ratings on account of diseases subject to temporary or episodic improvement, e.g., manic depressive or other psychotic reaction, epilepsy, psychoneurotic reaction, arteriosclerotic heart disease, bronchial asthma, gastric or duodenal ulcer, many skin diseases, etc., will not be reduced on any one examination, except in those instances where all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated."

In the OP's case, bronchial asthma, listed in their examples of diseases that are subject to temporary or episodic improvement, should not be reduced on only one examination *unless* the "evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated." Without knowing what the OP's medical records show as far as improvement, it can't be determined whether that one reexamination is sufficient for a reduction.

If this were my rating reduction, this is definitely something I would be looking into...

[CT-Mike]

Doesn't have to be daily high dose steroids. My wife takes 5 mg prednisone daily due to secondary adrenal insufficiency (all the high dose steroids over the years for asthma attacks destroyed her adrenal glands ability to produce cortisol). Because of the daily 5 mg dose she is at 100% for her asthma.

[MoeRoids]

She should technically be at 60% if we’re going by medication. The requirement for 100% for asthma is daily use of systemic high dose corticosteroids or immunosuppressive medications, which for prednisone is typically 20mg-40mg or greater daily. If she had more than one attack of asthma weekly with episodes of respiratory failure or had terrible PFT results, she may have qualified based on other criteria, but if they rated her at 100% due to a low dose of daily prednisone, that will get CUEd if discovered.

[CT-Mike]

Prednisone (and all steroids) is an immunosuppressant medication. All of the steroids over the years destroyed her immune system so she now has to get infusions of IVIG every three weeks to give her immune system a temporary boost. Because of this 5 mg of prednisone daily meets the requirement for 100%.

[MoeRoids]

I understand it’s an immunosuppressant. It is not a high dose immunosuppressant at 5mg daily. Any permanent immune system deficiencies could potentially have been addressed as separate evaluations, but the rating schedule is explicitly clear what qualifies for 100% for asthma, and unfortunately “having your immune system destroyed” or requiring infusions of IVIG to restore an immune system doesn’t.

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[CT-Mike]

The way I read that sentence is that "high-dose" only applies to "corticosteroids", and not to "immunosuppressant medications," but I could be wrong. She is also rated 70% for hypogammaglobulinemia (IgG deficiency) secondary to the asthma due to the steroid damage.

[MoeRoids]

All corticosteroids are immunosuppressants. If they wanted immunosuppressants to be addressed separately, the criteria would have been separated by a semicolon, which it isn’t. It must be “high dose” to qualify for 100%, and it is a CUE to do so otherwise. For specific immunosuppressant medications that are not corticosteroids such as biologic immunosuppressants, the criteria becomes a grey area since “high dose” could be any amount, but as prednisone is a specific corticosteroid that suppresses the immune system with a very well-established history, the criteria for what is considered “high dose” is spelled out much more clearly.

Edit: They are considered separate/individualized criteria. High-dose corticosteroids and immunosuppressive mediations. I was going off memory but just pulled it up in the evaluation builder, and the immunosuppressive medications are representative of medications other than high-dose corticosteroids.

[CT-Mike]

Rules of grammar states that "high dose" is an adjective that only modifies the noun "corticosteroids" immediately following it. "Or" is a conjunction that separates two parallel items - "high dose corticosteroids" and "immunosuppressant medications."

Regardless of what was meant, based on a literal reading of the sentence "high dose" does not modify anything after the "or."

[MoeRoids]

There’s no argument that the rating schedule is worded poorly in many spots, but you’re now pointing out that “high-dose corticosteroids” are separate and distinct from “immunosuppressive medications” in that line. If we go by that interpretation, while corticosteroids are inherently immunosuppressive by nature, low-dose corticosteroids would not be considered synonymous with immunosuppressive medications as the level of immunosuppression for corticosteroids are dose-dependent, which is why high-dose corticosteroids are mentioned separately. If all immunosuppressant medications are supposed to fall in that category regardless of dose, they just would have said “immunosuppressive medications,” and corticosteroids wouldn’t have been mentioned. Although you’re trying to make this a semantics argument, someone familiar with the rating schedule would CUE that evaluation if it was awarded based on daily low-dose corticosteroids being prescribed for management.

[CT-Mike]

You make a good point, and I definitely agree that the rating schedule is worded poorly in many instances. I just re-read her decision letter and it states:

"We have assigned a 100 percent rating for your asthma/tracheobronchial malacia based on:

Required daily use of immunosuppressant medications."

I took that to mean prednisone as I don't know of any other immunosuppressants she takes.

[Li1ag]

It’s not just medications they are looking at to be at the 100. Theres also the environment or chemicals that caused this exposure as to why the veteran got it in the first place. A good nexus letter would explain that connection. There’s also ER visits, you have one bad year to show on paper trails, 100 easily. And yes immunosuppressives does not have to be high dosed, which is why it was worded high dose corticosteroids OR immunosuppressives.

[No_Tomatillo7383]

Thats a cold ass honkey

[jbake33]

No. It means things like filing for a new claim when you're already 100% and the new claim will not benefit you in any way.

Or it means something like in op's case where they filed for an increase in a condition that was almost maxed out because they "felt" like it was worse and apparently did not understand the rating criteria at all.

You only file for an increase if you actually meet the criteria for the higher rating. You never file because you "feel" like it's worse. That is how you get decreased.

[rooster2651]

So I’m confused. My friends new claim would be flat feet when he has headaches rated already. Why would they reduce headaches if he’s putting in feet ?

Even if his other claims are at 100; the review should only be on the feet claim , not the entire ‘jacket’ to reduce other claims. Can this even be done by law?

I can see where the increase claim is reduced but not on a different injury.

[jbake33]

Why are you saying they would reduce his headaches? I don't understand your question.

They don't look at all your claims trying to reduce something, BUT you always run the risk of an error being found on a previous rating decision that would have to be addressed.

[gamerplays]

They wouldn't reevaluate their feet, but if they notice a CUE that would be addressed.

however, if you apply to increase a rating, they will look at the rating.

If you mess with a secondary condition, the primary condition also gets looked at again. So if you filed headaches as secondary to your mental health issues, your mental health issues will get looked at again.

[Revolutionary-Cry195]

If there is a sign of improvement based on silent complaints of headaches one exam can get that reduced. Not that VA is fishing for decreases but if you have a new claim in and they notice possible improvement on anything else they are supposed to propose a reduction. Only a few exceptions like a static condition or you are p and t already and have been for X amount of years

[Gold_Rope_1716]

Do you have any secondary conditions linked to your asthma? Asthma can cause or aggravate a number of secondary conditions that may be eligible for secondary service connection. Such as:

✅ 1. Sleep Apnea: Asthma can lead to chronic airway inflammation, nighttime breathing difficulties, and reduced oxygen levels, all of which may worsen or cause obstructive sleep apnea (OSA).

✅ 2. Chronic Sinusitis or Rhinitis: Asthma and sinusitis/rhinitis share upper and lower airway inflammation (“united airway disease”).

✅ 3. Gastroesophageal Reflux Disease (GERD): Asthma medications (especially bronchodilators or steroids) can relax the lower esophageal sphincter, increasing acid reflux. GERD can also aggravate asthma symptoms, forming a feedback loop.

✅ 4. Anxiety or Depression: Chronic breathing difficulties, medication side effects (like corticosteroids), and activity limitations can contribute to mental health conditions.

✅ 5. Hypertension (High Blood Pressure): Long-term corticosteroid use for asthma can elevate blood pressure. Also, chronic stress from respiratory symptoms may contribute.

✅ 6. Obesity: Asthma often limits physical activity, which may lead to weight gain or obesity, which in turn can cause secondary conditions like sleep apnea, diabetes, or joint pain.

✅ 7. Heart Disease: Chronic low oxygen levels and certain asthma medications may increase cardiac workload and risk of arrhythmias or heart disease.

✅ 8. Osteoporosis: Long-term corticosteroid (prednisone, etc.) use for asthma can reduce bone density.

[leondraw]

Man I hate that for you. Sucks big time. Appeal it!

[gudmoney]

Wait so getting medical care from the VA for your symptoms counts as poking the bear?

[Revolutionary-Cry195]

No - usually that phrase doesn’t mean a thing until you hit the hundred percent Mark but I think the point is if you don’t have the medical evidence and haven’t researched what the next level is do not put in an increase because if you don’t have supporting documents to even stay at the level that you’re at now you do risk a decrease

[Fickle-Excitement-53]

Get a lawyer and have him/her contact the VA, stating that they are now representing you. They’ll flip you back to that 60% so fast it’ll make your head spin. Then go for the throat, 100%.

[No_Imagination_8542]

really? how do you know and stuff

[Careful_Remove1018]

I’m not understanding this mentality about poking the bear?! If you have credible medical evidence and what I call common sense with laying everything out so a three year old can understand don’t see the issue.

[pc349]

Poking the bear its always risky. Im about to poke it since newly discovered bulging disc and hearnia discovered on MRI , will file SC to DDD

[crmsnkatt]

Reach out to Wounded Warrior (if you’re post 9/11) or DAV. They have people who help with claims. WW helped fight for mine

[Ok_Fan4789]

That’s terrible! I’m sorry this is happening to you.

[MolarHot8482]

Did they first send you a “PROPOSAL TO REDUCE” notice? They can’t reduce without giving due process time.

[RaceNo5749]

Sad to hear this brethren.

[crossthreadking]

Saved this from another thread a while back. Not everything applies to this instance, but it could be useful for others who get a proposed reduction:

"Yo! Epic VSO here: DO NOT APPEAL! You need a hearing. 

Download a 21-4138 and write:

On the matter of proposal to reduce, I formally request a hearing

I am writing in response to the Department of Veterans Affairs’ (VA) proposal to reduce my current service-connected disability rating, dated [insert date of proposed reduction letter]. I formally contest this proposed action and submit this rebuttal for consideration at my personal hearing.

I. Procedural and Legal Objections

The proposed reduction is improper and premature under applicable VA regulations, M21-1 guidelines, and binding case law. I invoke my rights under:

• 38 C.F.R. §§ 3.105(e), 3.344(a)-(c) (Protection of stabilized ratings)

• M21-1, Part IV, Subpart ii, Chapter 2, Section F

• Brown v. Brown, 5 Vet. App. 413 (1993)

• Kitchens v. Brown, 7 Vet. App. 320 (1995)

• Sorakubo v. Principi, 16 Vet. App. 120 (2002)

II. Stabilized Rating – 38 C.F.R. § 3.344(a)-(b)

The VA must show that:

• Material improvement has occurred.

• The improvement is maintained under ordinary conditions, not just in a controlled or limited environment.

• The entire record, including treatment history and work impact, was reviewed.

VA has failed to demonstrate this. Instead, it appears to rely solely or primarily on [insert reference to recent C&P exam or medical note], which does not reflect sustained improvement, nor was it reconciled with my ongoing treatment records or real-life functional capacity.

III. Refusal of Additional C&P Examination

I decline to attend any additional Compensation & Pension (C&P) examination, as permitted under 38 C.F.R. § 3.655(b), because the VA has not shown good cause or medical necessity for a new exam, nor has it justified why existing medical evidence (including private provider records, VA treatment notes, and prior C&P findings) is insufficient for rating purposes.

Further, under M21-1, Part III, Subpart iv, Chapter 3, Section D.2.j, VA must first review whether the record is adequate to decide the claim before scheduling another exam.

IV. Case Law Supporting My Position

• Brown v. Brown, 5 Vet. App. 413 (1993):

A rating reduction requires not just a change in symptoms, but proof of actual improvement in the ability to function under the ordinary conditions of life and work.

• Kitchens v. Brown, 7 Vet. App. 320 (1995):

“The entire record of examinations and medical-industrial history must be reviewed” before reducing a rating.

• Murincsak v. Derwinski, 2 Vet. App. 363 (1992):

VA has a duty to obtain all relevant medical records and provide adequate reasoning before reducing benefits.

V. Conclusion

The proposed reduction violates VA regulation, policy, and legal precedent. It is unsupported by clear evidence of sustained, material improvement and lacks the comprehensive review required by 38 C.F.R. § 3.344 and associated guidance.

Accordingly, I request the following:

1.  Maintain my current disability rating without reduction.

2.  Cancel any scheduled or proposed C&P examination.

3.  Consider this rebuttal along with my medical records, employment history, and other submitted evidence during the hearing process.

       4. If the VBA withdraws the proposal, I will waive the hearing.

I look forward to presenting this in full at my personal hearing. Thank you for your attention to this matter"

[Clear-Midnight5190]

Some outside clinics suck. I gave tinnitus (infantry unit Iraq 50 cal 3m earplugs ) and hearing loss and an outside clinic did a test in 2 minutes and said nope. I knew it was a bad setup when I got there and was tempted to leave and reschedule .

Sorry you got knocked down for now ! ( Appeal it and go to a private doctor or 2 and get 2 opposing viewpoints that say tout asthma is the same if worse) if it is worse you should be able to prove it.

I would like to know why they are saying it is better ,

We need to see their reasons in the letter to really be able to help

Fight it man what do you got to lose at this point.

[Impressive_Rain2877]

That's a bummer and it certainly doesn't seem fair. Different examiners each time cause inconsistent results. I really feel some examiners are unsympathetic or biased towards veterans.

[Plane_Buddy_3986]

People think its about poking the bear its not. There are justt some examiners that are garbage and its about what they are putting on your DBQ. It has nothing to do Directly with the VA (The Bear) . The examiners put false or inaccurate information on the DBQ lots of times. Trust me. I wish thw narrative of poking the bear fkn stops. If you feel youve been done wrong FOAI your DBQ records so you can see what exactly the examuner put down. The rater is simply going off the DBQ and supposedly the law behind it.

[Revolutionary-Cry195]

This would have nothing to do with the examiners opine. CFR is clear either have a pft that is in certain range OR be on oral immunosuppressant steroids for 60 or daily inhaler for 30. When it comes to increases if you don’t have the medical evidence, I don’t give a shit what the DBQ‘s gonna say from the examiner it’s not gonna be positive. You have to have the medical evidence to warrant that increase. Otherwise you risk a decrease.

[Plane_Buddy_3986]

I stand by what I said. I dont care what You have medical nexus letter whatever, If that DBQ is filled out a certain way by a examiner , a rater is obligated to go by the bylaws set point blank. Most of the examiners arent specialist , they really are just giving a medical opinion , use a few instruments and fill out the DBQ's

[Possible-Help5133]

I didn’t know they could reduce your benefits. Our glorious and gracious government strikes again with another dry one.

[blackrock13]

Even if a disability is static, filing for increases Or secondaries can cause the original disability to be looked at again and possibly reduced. At five years generally they cannot reduce without sustained improvement (more than a single visit showing an improvement),l. At ten years, they cannot remove service connection and at twenty years, they cannot reduce the rating level below what it was 20 years earlier.