The Predetermination Hearing in a VA Reduction Case
The two clocks
- 60 days from the date of the proposal notice to submit additional evidence showing the action should not be taken. 38 CFR § 3.105(e).
- 30 days from the same date to request a predetermination hearing. 38 CFR § 3.105(i)(1).
- If a hearing is timely requested, no final action is taken until the hearing is held, and the reduction cannot be made effective sooner than the periods allow.
- If no hearing is requested and no evidence is received, VA may finalize after the 60 days, effective the last day of the month following 60 days from the final notice.
What the hearing is
It is an informal hearing at the , conducted by VA personnel who did not participate in the proposal, at which the and any representative may present evidence and argument. It is not adversarial and there is no cross-examination. The purpose is to test whether the record actually supports the proposed action before benefits change.
The hearing may be held in person or, in current practice, by telephone or video. A transcript or summary goes into the file and the deciding official must consider it.
What belongs in the record before the decision
- Treatment records covering the entire period VA reviewed — reductions frequently rest on a single examination that captured a good day.
- Evidence addressing whether any improvement is shown under the ordinary conditions of life and work, which is what 38 CFR §§ 3.343(a) and 4.2 require for a total or long-standing rating.
- For ratings in effect five years or more, argument under 38 CFR § 3.344(a): the entire record must be reviewed, the examination must be as full and complete as the one that established the rating, and material improvement must be reasonably certain to be maintained.
- Any procedural defect: wrong address, missing explanation of rights, or a proposal that does not identify the evidence relied on.
Fee rules
An accredited agent or attorney may charge a fee only for work performed after VA issues a decision on the (38 U.S.C. § 5904(c)(1); 38 CFR § 14.636(c)). Fees must be reasonable, disclosed in writing, and filed with VA. Nothing here predicts an outcome in any individual case.
Check the dates on your notice
| If your record shows this | What it means |
|---|---|
| Notice dated within the last 30 days | Both options are open: request the predetermination hearing and submit evidence. |
| Notice dated 31–60 days ago | The hearing request window has closed; the 60-day evidence window is still open. |
| Notice dated more than 60 days ago | VA may finalize. The path forward is a review lane against the reduction decision. |
| The rating has been at this level 5 years or more | 38 CFR § 3.344(a) applies — the full record, a comparably complete examination, and sustained improvement are all required. |
| The notice does not identify the evidence relied on | A § 3.105(e) notice defect, raised in writing before any final action. |
Frequently Asked Questions
References & sources
- 38 CFR § 3.105 — Revision of decisions (reduction and severance procedure) — Code of Federal Regulations
- 38 CFR § 3.343 — Continuance of total disability ratings — Code of Federal Regulations
- 38 CFR § 3.344 — Stabilization of disability evaluations — Code of Federal Regulations
- 38 CFR § 3.951 — Preservation of disability ratings — Code of Federal Regulations
- 38 CFR § 3.957 — Service connection protected after 10 years — Code of Federal Regulations
- 38 CFR § 3.327 — Reexaminations — Code of Federal Regulations
Useful Tools & Topics
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Disclaimer: This page is for educational purposes only and does not constitute legal advice. Oakridge Claims is a private business and is not affiliated with, endorsed by, or operated by the U.S. Department of Veterans Affairs. No guarantees of outcomes are made. Each claim is decided on its individual facts.
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