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There are two choices when VA proposes to reduce or sever:

1. Attempt to convince VA that our client is still entitled to their current rating or service connection (i.e., the burden of proof is on the veteran).
2. Push VA to definitively demonstrate that our client is no longer entitled to their current rating or service connection (i.e., the burden of proof is on VA).
   1. In straightforward cases where there's plenty of proof supporting the client's current VA rating, we'll submit that evidence—such as medical records, lay statements, private DBQs etc.—either in writing or at a hearing.
   2. In tougher cases or when evidence is lacking, we focus on requiring the VA to definitively prove the client no longer qualifies for their current rating. While still gathering as much supporting evidence as possible, we strategically shift the burden of proof onto the VA, putting them on the defensive.

Questions to ask when evaluating a Proposal to Reduce:

1. Is the veteran over 55 years old?

   1. Do not schedule a review examination if the veteran is over 55 years of age (except under unusual circumstances or where required by regulation). See VA Adjudication Manual, M21-1MR, IV.ii.1.A.1.d. When Not to Schedule Review Examinations ("As is discussed in  M21-1, Part IV, Subpart ii, 1.A.1.d , and with only rare exceptions, veterans over the age of 55 must not be routinely recalled for reexamination.")

2. Has the rating been in place for + 5 years or more?

   No → If reduction in disability evaluation is warranted under 38 § CFR 3.344(a), then the decision must include (1) an outline of the time period in which application of 38 C.F.R. § 3.344 is based, (2) a description of the specific evidence of sustained improvement after one review examination, or a preponderance of evidence showing sustained improvement based on more than one examination, and (3) an explanation as to why it is reasonably certain that improvement will be maintained under the ordinary conditions of life.

   Yes → VA must review the entire record of examinations and the medical-industrial history. VA must ascertain whether the recent examination is full and complete. Examinations less full and complete than those on which payments were authorized or continued cannot be used as a basis of reduction. If one C&P exam is taken out in isolation from the rest of the record, and that one exam says that the disability has improved while the rest of the records do not show that, VA cannot base their proposal of a VA rating reduction on that one exam.

   • If the disability is subject to temporary and episodic improvement, e.g., manic depressive or other psychotic reaction, etc., it will not be reduced on any one examination, except in those circumstances in which all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated.

Process

1. Add Proposal to Reduce Aux Checklist
2. Submit RFA - Request Informal Hearing (Proposal) to VA within 30 days