Va Rating For 5 Year Rule

The VA must review the entire record of examinations and the medical-industrial history.

Va rating for 5 year rule. Stabilized ratings are for conditions that have been continuously rated for 5 years or more at the same disability level. 5171 Protection of 5-year stabilized ratings. Also there is a 10 year rule for DIC purposes for the spouse. If you have one of the Vietham agent orange presumptive diseases them you should file a claim for it.

Even for an unprotected ratingone which is less than 100 and has been in effect for less than 5 years the VA must review all of the evidence and not reduce merely on the strength of an exam which is not thorough and supported by the evidence. 2 No periodic future examinations will be requested. The veteran is 55 yo. 5 year rule on SC disability ratings 5 year rule.

As gmurphy pointed out. 5172 Protection of continuous 20-year ratings. If the rating has been in effect for 5 years it cannot be reduced unless your condition has improved on a sustained basis The VA must have documentation supporting this is a permanent improvement. To ascertain whether the recent examination upon which the VA is relying to reduce the rating is full and complete.

Symptoms have persisted wo material improvement for 5 years or more. 5174 Protection of entitlement to benefits. In order for the VA to reduce stabilized ratings they must show that your condition has exhibited sustained improvement. However although you have had your rating for five years it receives only limited protection.

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 within the judgment of the rating board unless another time period is elsewhere specified. Any rating that has remained at the same level for 5 years or longer is considered stabilized In addition to the general rating reduction rules that VA must follow see above VA must show sustained improvement in your condition. 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. There are several other rules the VA must follow before reducing a rating that has been in effect for five years or more.

The rules that protect veterans against reductions in ratings vary depending on how long the rating level has been in effect. In addition to the 20-year rule the VA has other guidelines in place for protected ratings. 2 No periodic future examinations will be requested. The disability is static.

5173 Protection against reduction of disability ratings when revisions are made to the Schedule for Rating Disabilities. If it has improved to the point the injury warrants a lower rating or the injury no longer exists the benefit can be reduced or terminated. After 5 years the VA cannot reduce this rating below 30 unless they can prove the injury has healed on a sustained basis. A rating is not protected until it has been held for 20 years unless fraud is involved.

I dont think there is any rule involving age but your rating is protected after 20 years unless fraud was involved and it looks like you are already at the 20 year mark or close to it. For example if your symptoms have shown medical improvement during those five years and that medical improvement was more than temporary and lasted for a sustained period of time the VA had the right to request the reexamination. Heres the 5 year rule and the 55 year old rule the VA should not schedule a reexams if any of the following situations exist. 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 within the judgment of the rating board unless another time period is elsewhere specified. The 5 year rule is for a condition that has been static for that amount of time and is considered to be permanent. Five years or more. What you are referencing is a regulation regarding when future routine review exams will be scheduled.

What does sustained improvement mean. The five-year rule states that the VA cant reduce a veterans disability thats been in place for five years unless the condition improved overtime on a sustained basis. Here are some of the main rules you should know. Protection in the Absence of a Monetary Award.

The protective provisions of 38 USC. Any rating evaluation that has been continued at the same level for five years or more may not be reduced unless all the evidence of record shows sustained improvement in the disability. What the regulation says is that is findings and symptoms of a service connected condition have persisted for a period of five years or more with no sign of improvement VA will not schedule a future review exam of that condition. A disability from disease is permanent and not likely to improve.

Of Existing Ratings 5170 Calculation of 5-year 10-year and 20-year protection periods.