Time That Cannot Change Sc Rating?

[gp747]

i know after 20 years you dont have to worry about your rating being lowered or changed. there is a ten year limit about something too .

what i was wondering is when does it start? say in the year 2000 you were awarded sc

dating back to 1990 is 1990 the start time on the clock or the year 2000.

i have tried to look it up but prabably typing in thhe wrong description.

can some one guide me to the info?

skunk

[sharon]

M21-1MR, Part III, Subpart iv, Chapter 8, Section C

<H4 style="MARGIN: 0in 0in 12pt"> </H4><H4 style=MARGIN: 0in 0in 12pt"> </H4><H4 style=MARGIN: 0in 0in 12pt">9. Protected Service Connection Under 38 CFR 3.957</H4>

<H5 style="MARGIN: 0in 0in 0pt">Introduction</H5>

This topic contains information about the protection of service connection under 38 CFR 3.957, including

· protection under 38 CFR 3.957

· the provisions of VAOPGCPREC 6-2002, and

· determining the ten-year period.

<H5 style="MARGIN: 0in 0in 0pt">Change Date</H5>December 13, 2005

<H5 style="MARGIN: 0in 0in 0pt">a. Protection Under 38 CFR 3.957</H5>Under 38 CFR 3.957, if service connection for disability or cause of death has been in effect ten or more years, propose severance only if

· the original grant was based on fraud, or

· it is clearly shown that the person concerned did not have the requisite service or character of discharge.

<H5 style="MARGIN: 0in 0in 0pt">b. Provisions of VAOPGCPREC 6-2002</H5>VAOPGCPREC 6-2002 held that

· the restriction relating to severance includes awards where service connection was recently and erroneously awarded, but with an effective date more than ten years prior to the decision awarding service connection, and

· in the absence of the veteran’s own willful misconduct or abuse of alcohol or drugs, Department of Veterans Affairs (VA) must pay compensation otherwise in order for a disability that was erroneously established as service connected, where service connection is protected from severance.

<H5 style="MARGIN: 0in 0in 0pt">c. Determining the Ten-Year Period</H5>Measure the ten-year period from the effective date of service connection, not the date of the rating, to the effective date of the actual or prospective reduction.

[rentalguy1]

It starts from the most recent effective date of claim. If you filed for sc on 1 january 2000 recieved 100% P&T sc on 1 june 2000, 1 january 2000 would be the effective date of claim. If you had a C&P on 1 June 2001 (which would be common, expect them at intervals of 6 months, 1 year, or 2 years for the first few years of any rating, including a P&T rating), and VA decided to continue your rating on that date, your effective date of claim would remain the same. On 1 January 2020, VA could no longer reduce your rating unless it is proven that you obtained it through fraud. On 1 January 2005, VA cannot reduce your claim based on a single C&P. The disability is considered to have stabilized at this point. The reg that governs this is 38 CFR 3.344

[broncovet]

Does any one know how much being over age 55 works into this?

Also, does having your claim in appeal for an earlier effective date affect whether or not a C and P will be scheduled?

In theory, if your file was at the BVA, then they would not even know to schedule you a C and P exam, because there is only one paper copy of your file.

Has anyone been scheduled for a C and P exam, while they have a claim at the BVA?

[carlie]

Borrowed from elsewhere.

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.

[Ricky]

Carlie is correct. The start of the 10/20 rule is the effective date of the claim.

3.344 pertains to the attempts to reduce the precentage levels of ratings with only one exam after they have become stabalized-normally after 5 years.