Yes, the VA can propose to reduce your 70% PTSD rating, but they must follow a strict procedural and evidentiary process, and you have significant rights to challenge it. Reductions are governed by 38 CFR 3.344, which mandates that ratings for mental disorders, evaluated under Diagnostic Code 9411 (PTSD) via the criteria in 38 CFR 4.130, must be based on a finding of "actual improvement" in your condition, not just temporary or exam-to-exam fluctuation. Critically, under the holding in *Brown v. Brown*, 5 Vet.App. 413 (1993), and reinforced by 38 CFR 3.344(c), the VA must demonstrate "sustained improvement" under the ordinary conditions of life. Given your context—the ongoing, severe stress of your son's chronic illness and transplant—you could argue that any perceived improvement is not "sustained" given these extraordinary life circumstances. Your actionable next steps, upon receiving a Proposed Rating Reduction, are to immediately request a hearing (which delays the reduction) and submit evidence, such as a personal statement detailing your current symptoms and how your son's medical trauma exacerbates your service-connected PTSD, along with supporting statements from family or your treating mental health providers. Cite *DeLuca v. Brown* regarding the adequacy of VA examinations if the review was based on a one-time exam that did not consider your full medical history. **Disclaimer: This information is for educational purposes and does not constitute legal or medical advice; consult with an accredited VA attorney or claims agent for guidance specific to your case.**
Need a deeper analysis?
Our AI analyzes your specific situation against thousands of BVA decisions.
Analyze Your Claim Free