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How Long Before They Can't Take It Away

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Billyboy

Question

i started my case june of 03 and about a year ago i was awarded 100% tdiu.

whan does the tdiu go into effect? when i open my case or when i was awarded 100% for tdiu?

is there a time limit the va can no longer screw with you?

I am 70% mdd, 10% tinnitus and 0 % loss of hearing.

thanks bil

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  • HadIt.com Elder

5 years = takes sustained improvement to reduce (i.e. more than one C&P), and service connection can still be severed

10 years = still takes sustained improvement to reduce, but service connection can no longer be severed unless obtained by fraud

20 years = rating cannot be reduced unless obtained by fraud

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  • HadIt.com Elder

I had my back reduced from 10% to 0% (total rating went from 30% to 20%) in 2002. This was after the five year rule kicked in. I was too pissed to fight them at that point, and wouldn't have known how to anyway. Nevermore.

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  • HadIt.com Elder

Is the 5 year rule for vets who are 100% or TDIU? I thought it applied to only that group. The VA must show clear evidence of improvement after reviewing the vet's entire file. The VBM says it is almost like showing CUE for VA to do this. This is to protect every vet who has 100% from being dragged in for exam and being reduced at will on a single exam. Some think that SC can be severed by CUE, but after ten years you can't be severed except due to fraud. This according to VBM.

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