10 And 20 Year Rule

[windy city]

can somebody explain was is the meanning of the 10 and 20 yesr rule for a veterans compensation?

[Krsc1966]

Okay so how long has the 10 year and 20 year rule been in affect? When did the va write this rule?

 

[carlie]

10/20 Year Service Connection/Ratings Protection

The 10 year mark for is for service connection. A condition that has been service connected for 10 years can not be severed unless fraud is involved. The clock starts ticking for conditions based on the effective date(s). This does not mean compensation can't be reduced.

The 20 year mark protects ratings. Absent fraud, disability ratings can not be reduced after they have been going 20 years. See your award letter for effective dates on each disability. Combined ratings are also protected after a 20 year period.

Example: You have been rated 50% for Condition A since 1990. You apply for SC for 4 more conditions and VA grants them in 2007. Because of VA granting them your new combined rating is 100% as of 2007. Condition A is protected from severance in the year 2000 and protected from reduction in the year 2010. The new service connected conditions would be protected from severance in 2017 and reduction in 2027. The clock started ticking on your combined 100% in the year 2007 so it would be protected from reduction in the year 2027.

If you apply for an increase for Condition A and are bumped from 50% to 70%, the 50% number is still protected from 1990 but the new 70% would start a new clock ticking (using the dates above). Meaning until you have held that 70% rating for 20 years, the lowest they can reduce you is back to 50% based on the fact that it was in effect for 20 years.

Even if a rater plugged the wrong numbers and wrongly awarded a combined 100%, they still can't reduce. Again, this is all assuming no fraud is involved. You can do the math by using the effective dates on your award letters.

"P&T" can be established at any time regardless of how long ratings have been held (via 100% scheduler or TDIU). If VA plugs all of your conditions and there are no future exams scheduled, then entitlement to Ch. 35 and ChampVA will be granted. If VA determines that there is a chance of improvement, there will be a future exam scheduled and "P&T" will not be established.

[john999]

Here is another interesting and important point. If you file a CUE and get a higher rating that rating is protected as if it were the original rating. For example if you are 10% for twenty years and file a CUE in which you maintain that you should have been rated 50% originally due to an error, and you win then it is as if you always had 50% and that rating is protected. That is probably another reason CUE's are so hard to win because they are so powerful, and could result in many thousands of dollars in compensation. I guess they could also result in refunds of co-pays and maybe even education expenses.

[deltaj]

can somebody explain was is the meanning of the 10 and 20 yesr rule for a veterans compensation?

I look online under protecting rating AND veteran. Try looking at 38 USC 359 and 38 CFR 3.951. The rule is 10 year protection of service connection and 20 year protection of percentage of rating. There is also a 5 year protection against reduction of rating which is found in 38 CFR 3.344 ©.

[Berta]

John-thanks for making that point.

One of the greatest CUE awards ever (I posted the link here about a year ago) was based on the same premise you mentioned.

It was a CUE on a TDIU vet whose % had been lowered substantially and then he got it back-

the CUE went to day one of the lowered % and he received a continuous and protected TDIU rating.

[Pete53]

10 years at 100% protects the spouse for DIC. DIC is protected if cause of death can be linked to service connection. There are plenty of examples on hadit od widows who had to fight for years just like Veterans to finalize their claims.

It is important to me to know that my wife is protected as I feel that it will probably be me that goes first.