The inconsistency you describe with C&P examiners and outcomes is a common but addressable challenge, governed by the requirement for exams to be "thorough and contemporaneous" (38 CFR 4.2) and based on "the application of the rating schedule" (38 CFR 4.1). The proposed reduction likely stems from the second examiner's findings conflicting with the first, triggering VA's duty to "assess the credibility and adequacy of the evidence" (Buchanan v. Nicholson). For your orthopedic and neuropathy ratings, the specific findings on range of motion (ROM) and functional impairment must align with the criteria in 38 CFR 4.71a (Diagnostic Codes like 5260-5262) and 38 CFR 4.124a (DC 8510-8730). Your actionable next steps are critical: 1) Immediately request a copy of the new exam report via your VSO or VA's Privacy Act Office to identify its deficiencies. 2) Submit a formal statement in support of claim contesting the reduction, citing the favorable initial exam and detailing your consistent symptoms, referencing the "staged rating" principle from *Hart v. Mansfield* that fluctuations ("highs and lows") do not justify reduction if the underlying disability persists. 3) If the exam was inadequate (e.g., an RN performing a complex orthopedic exam), cite *DeLuca v. Brown* on the requirement for "full and complete" examinations and request a new exam with an appropriate specialist. 4) Consider obtaining a private Independent Medical Opinion (IMO) that addresses the rating criteria directly to counter the weak exam. You have the right to a pre-determination hearing before any final reduction takes effect—exercise this right to present your evidence.
*Disclaimer: This information is for educational purposes based on general VA procedures and is not legal, medical, or official claims advice; for guidance on your specific claim, consult an accredited VA attorney or claims agent.*
Official 2026 VA monthly compensation, including the 2.8% COLA increase.
Dependent add-ons start at a 30% rating. Child-only and dependent-parent rates: see the full 2026 pay chart.
| Rating | Monthly (2026, incl. 2.8% COLA) |
|---|---|
| 10% | $180.42 |
| 20% | $356.66 |
| 30% | $552.47 |
| 40% | $795.84 |
| 50% | $1,132.90 |
| 60% | $1,435.02 |
| 70% | $1,808.45 |
| 80% | $2,102.15 |
| 90% | $2,362.30 |
| 100% | $3,938.58 |
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