Va Protected Rating 10 Year Rule

110 and 38 CFR 3951b do not require a concurrent award of monetary benefits. Following initial Department of Veterans Affairs examination or any scheduled future or other examination reexamination if in order will be scheduled within not less than 2 years nor more than 5 years. The VA can reduce unprotected ratings which are those that are less than 100 ratings or ratings that have existed for less than 5 years.

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The VA could Reduce Your Disabilty Ratingbut they can not take the Disabilty awayunless there was Fraud.

Va protected rating 10 year rule. The current DIC benefit arbitrarily requires the veteran to have had a totally disabling service connected condition for 10 years before their death if their death isnt deemed service-connected by the VA. VA can however reduce a Veterans rating in this situation. 5172 Protection of continuous 20-year ratings. Protection in the Absence of a Monetary Award.

For ratings that have been in effect for 10 years or more VA cannot sever an award of service connection absent evidence of fraud or a showing that the claimant did not have the requisite service or character of discharge to initially qualify for the award. The 10-year rule functions a bit differently than the other rules. Special rules apply to protected ratings which are. Basically the 10 year Rule is that once you have been rated Continuously for 10 Years for a Disabilitythe VA can NOT take that Disability away.

The VA must follow certain procedures in notifying you of the exam and scheduling a pre-reduction hearing. A service connected disability rating cannot be terminated if it has been in effect for 10 years. For example if a veteran was granted service connection for a low back injury effective October 20 1980 and the VA issued a decision dated August 29 2018 attempting to sever service connection the VA would have to abide by the ten-year rule above. Claimants should not confuse a Permanent and Total PT rating with a protected rating.

Posted on August 21 2019. Stabilized ratings which. The protective provisions of 38 USC. Compensation can be reduced if evidence exists that the condition has improved.

A PT rating is not a protected rating. 5173 Protection against reduction of disability ratings when revisions are made to the Schedule for Rating Disabilities. Compensation can be reduced if evidence exists that the condition has improved. General Rules on Protection or Reduction of Existing Ratings 5170 Calculation of 5-year 10-year and 20-year protection periods.

Assignment of a prestabilization rating requires reexamination within the second 6 months period following separation from service. 38 CFR 471a DC 5010. However they can reduce the rating if they have medical evidence that the medical condition improves. DAV is fighting for changes to the Dependency and Indemnity Compensation DIC benefit for veterans eligible survivors encouraging lawmakers to update the current 10-year rule.

An evaluation for compensation purposes that has been continuously in effect for 20 or more years is protected whether or not the Veteran elects to receive the compensation. The sole exception is if the VA can prove fraud in which case the VA can terminate the benefits. 5171 Protection of 5-year stabilized ratings. VAs 10 Year Rule VA cannot sever terminate a Veterans benefits if they have been rated for that condition for a period of at least 10 years unless there is evidence of fraud.

That has been in place for over 10 years can be recharacterized as traumatic arthritis under. 20 years or more. A service connected disability rating cannot be terminated if it has been in effect for 10 years. In this case the VA cannot eliminate a rating thats been in place for ten years or more.

The sole exception is if the VA can prove fraud in which case the VA can terminate the benefits. B Compensation cases - 1 Scheduling reexaminations.