Rating change (positive) before hearing

The VA can absolutely issue a positive rating change, such as continuing your current rating or increasing it, before a scheduled hearing, as the submission of new and material evidence triggers a renewed adjudication duty under 38 CFR 3.156(b). Your proactive submission of medical evidence showing worsening symptoms is precisely the correct action to counter a proposed reduction, as the VA must assess the entire record, including new evidence, under 38 CFR 3.344(c), which governs stabilization and protects ratings when improvement is not sustained. Specifically, for mental health, reference 38 CFR 4.130 (Diagnostic Code 9200 series), which requires evaluation based on the totality of symptoms, and cite *DeLuca v. Brown* for the principle that functional impairment, not just clinical findings, is key. Your immediate next step is to confirm the VA received your evidence by checking for a "Review of Evidence" update on VA.gov or calling the 1-800 number; also, contact your VSO to ensure they formally request the hearing be held in abeyance or canceled due to the new evidence, as a decision may now be rendered without the hearing. Continue preparing as if the hearing will occur, but monitor for a new Rating Decision, which would supersede the proposed reduction. **Disclaimer: This is educational information for claims assistance based on VA policy and procedure, not legal or medical advice; for personal legal counsel, consult an accredited attorney or agent.**