20 Year Retro Claim Settled

[kookiebean2001]

Found it I think

Protected Evaluations Under 38 CFR §§3.951 and 3.952. Care must be exercised to avoid violation of the protective provisions of 38 CFR §§3.951 and 3.952. Measure the 20-year period of 38 CFR §3.951(B) from the earliest effective date of the combined or individual evaluation(s). For purposes of determining whether benefits were received for a continuous period of 20 years, include periods during which recoupment or deduction applied to an award. If a retroactive increase under 38 CFR §3.105(a) results in a veteran having been rated for 20 years or longer at a certain level, that evaluation is protected under 38 CFR §3.951(B) and may not be reduced in the absence of a showing of fraud. A veteran who renounces entitlement to disability benefits will not accrue protection under 38 U.S.C. §110 and 38 CFR §3.951(B). Ratings for other than compensation purposes (ancillary benefits) do not accrue protection under 38 U.S.C. §110 and 38 CFR §3.951(B). Protection under the provisions of either 38 CFR §3.951 or 3.952 of a total rating or disability evaluation(s) does not preclude reduction to a hospital rate under 38 CFR §3.552 or discontinuance of compensation under 38 CFR §3.557.

Source: M21-1 Part VI Change 95 Veterans Affairs Manual CHAPTER 9. DUE PROCESS: PROPOSED REDUCTION, SEVERANCE OF SERVICE CONNECTION, AND INCOMPETENCY DETERMINATIONS

http://www.warms.vba.va.gov/admin21/m21_1/part6/ch09.doc

Law Links:

38 CFR §§3.951 http://frwebgate.access.gpo.gov/cgi-bin/ge...T&YEAR=2004 and 3.952 http://frwebgate.access.gpo.gov/cgi-bin/ge...T&YEAR=2004

38 CFR §3.105(a) http://frwebgate.access.gpo.gov/cgi-bin/ge...T&YEAR=2004

38 U.S.C. §110 http://frwebgate4.access.gpo.gov/cgi-bin/w...action=retrieve

38 U.S.C. §110 http://frwebgate5.access.gpo.gov/cgi-bin/w...action=retrieve

38 CFR §3.557 http://frwebgate.access.gpo.gov/cgi-bin/ge...T&YEAR=2004

Where do I find out about the 20 year protection rule. Once again forgive my typing errors. Sometimes my vision comes and goes. I hit spell check but somethings I miss.

[john999]

The way I read it is that if you are SC'ed at a certain percentage for 20 years the only way you can be reduced is if there is fraud or if the character of service is in question. I do not believe that the VA can call a CUE and reduce you if you have had 100% or TDIU for 20 years. You as a vet can do a CUE and change your rating even if it is 50 years back, but the VA can't do that. If they can I would like to know where that is in writing because I missed it. I have a CUE going back to 1971 and the VA first tried to say that although I was SC'ed since 1971 that the reason I was TDIU at that time was due to a PD. I pointed out that they could not add this information into the CUE since it did not exist at the time. That was the first denial of my CUE. Then they dropped that attack and just said there was no CUE with no explanation or evidence to back it up while I provided evidence that they did not consider in my decision. I went to the DRO with my lawyer and that evidence. Notice how when a claim is weighing on your mind it sort of takes over your thinking,ha,ha. If the VA could call CUE's on themselves on old claims and reduce or sever SC that would have a chilling effect on all claims. They might do as they tried with me to change a 37 year old award to a NSC condition like a PD. Would you then owe them money?

[Josephine]

They claim because it's a lot of money they now have to make sure we cross every t and dot every i. Who decided 8 years $25 K was the amount to warrant restraints ? I guess the V.A. can't be cheatng out of $24 K or anything under 7 years was good.

Kookie,

I guess I still don't understand this.

You received your awards letter and was told how much money you

would receive for each year.

That is exactly the same thing that happened to me.

My check was a larger amount than you have quoted and mine

came within no more than three weeks of the letter from

the Rater and then I set up automatic deposit and

received a monthly check in not much more than a week.

Wouldn't your claim or whatever been signed off before you

received that award letter.

Anyone know, for I am lost in this one.

Betty

[kookiebean2001]

I'm just as confused. Everything was approved.

I attached a copy of the letter dated 1 Aug 2008. I got it on 4 Aug 2008.

Awards_letter.doc

[Josephine]

Kookie,

I did notice it states for you to contact the Financial Institution

for deposit info. I assume they mean your bank. Have you checked

to make sure it did not go into the wrong account?

This what mine says:

WHEN CAN YOU EXPECT PAYMENT?

Your payment begins the first day of the month following your effective date. You will receive a payment covering the initial amount due under this award, minus any withholdings, in approximately 15 days. Payment will then be made at the beginning of each month for the prior month. For example benefits due for May are paid on or about June 1.

Edited September 10, 2008 by Josephine

[kookiebean2001]

Mine didn't have the 15 day notice on it. I did recieve my normal deposit on 1 Sept, so the account is good, plus I check with the bank everyday. Thanks for all your help. It will probably happen in a few days.