Time Affect On Cue

[Flatbroke]

I am understanding the 10 year and 20 year protection that we have on our SC and rating.

I guess my question is if we win on a CUE, and we are awarded an earlier starting date on our SC and rating does our 10 and 20 start now or are we grandfathered back in time to the new start date of our SC and rating?

[carlie]

I'm pretty sure that when a vet is awarded an earlier effective date of say

(example) Jan 5, 1972, that would be the date used in regards to the protection regs.

Others will come in with their knowledge.

jmho,

carlie

[Vike17]

Flatbroke,

Carlie is correct, the 10 and 20 year rules start with the effective date of the claim, no the date of award or when you get the award. Also if one were to win a CUE claim and the effective is adjusted to the original date, then the 10 and 20 start from that particular date.

Here's a good example of how it would work. Let's say you were awarded a CUE claim for service-connection of the lumbar spine back to Jan 1, 1970, and was assigned a staged rating also back to then. let's say 10% effective Jan 1, 1970, a 20% rating efective Jan 1, 1980, and then a 40% rating effective Jan 1, 2007. The ten year rule for service-connection stated Jan 1, 1970, and for the 20 year rule for reduction started for each effective date of ecah award. That means the VA could not reduce the 10% rating after Jan 1, 1990, the 20% rating after Jan 1, 2000, and the 40% rating after Jan 1, 2027.

Vike 17

[Flatbroke]

Carlie and Vike17 Thanks

I was hoping that was the way it worked.

Gives avet more reason to win we can protect our families since thats a given the the VA wount help them.

[john999]

That is why CUE is so powerful. It is as if you have been service connected or increased all along from the time you win the CUE. If your CUE was for denial of a injury in 1970 and you prevailed it would be as if you were SC from 1970 and you would get all the COLA's along the way and retro up to the present. This is also why it is so hard to win a CUE.