20 Years

[clark l namias]

:D :D :D what can i do if they reduce my rating on hearing from 50% to 40%. thank you for all your help. i applied for an increase because of my back going down real bad and a tkr also, the vso had me apply for iu in late feb do you think this can drag out till 1 nov ? and thanks again 11b/13b nam 68-69 9th id, 70-71 101st abn :D :D :)

[Commander Bob]

what can i do if they reduce my rating on hearing from 50% to 40%. thank you for all your help. i applied for an increase because of my back going down real bad and a tkr also, the vso had me apply for iu in late feb do you think this can drag out till 1 nov ? and thanks again 11b/13b nam 68-69 9th id, 70-71 101st abn

Thanks WHOLESALE, for getting us back on Clark's topic...

Clark, at your age, and with the limited information you provided us, my guess is that you should not worry about the 50% being reduced.

To answer your other question regarding separate records in two separate VAMCs??? I would think that the VARO will collect all records from all VA Hospitals, as well as any civilian doctors' records that you released to the VA for your new claim.

Edited August 17, 2009 by Commander Bob 92-93

[john999]

Actually, I am pretty sure that the 20 year protection for IU means you can go back to work and they can't touch you. This does not help me much since I will have to be 71 years old before my 20 years on IU. When and if I reach 71 I don't think I will be working. Same with 100% for a mental condition. After 20 years you can work as a brain surgeon and they can't reduce you. This probably never happens but if you got 100% at age 20 and kept until age 40 you could work and keep the 100%.

[Commander Bob]

Actually, I am pretty sure that the 20 year protection for IU means you can go back to work and they can't touch you. This does not help me much since I will have to be 71 years old before my 20 years on IU. When and if I reach 71 I don't think I will be working. Same with 100% for a mental condition. After 20 years you can work as a brain surgeon and they can't reduce you. This probably never happens but if you got 100% at age 20 and kept until age 40 you could work and keep the 100%.

John, I wish it were so, however, as you know 100% and TDIU are two different beasts. Lets hope that when your 71, you can do what ever you want, without the VA looking over your shoulder. I heard that Grandma Moses didn't start painting till she was in her 90s.

The 100% for PTSD thing raises another interesting question....

[carlie]

:) :) :) i applied for an increase because of my back going down real bad and a tkr also, the vso had me apply for iu in late feb do you think this can drag out till 1 nov ? and thanks again 11b/13b nam 68-69 9th id, 70-71 101st abn :) :) :)

clark,

Sure it can drag out till 1 nov - of 2010 even.

jmho,

carlie

[WHOLESALE]

As long as your medical records are consistent and haven't shown any improvement I don't think you have to worry. The VA has a history of making all us worry about decreases but just keep your head up and keep positive. Keep yourself busy to keep your mind off it. Keeping busy helps.

frank

:D :) :) what can i do if they reduce my rating on hearing from 50% to 40%. thank you for all your help. i applied for an increase because of my back going down real bad and a tkr also, the vso had me apply for iu in late feb do you think this can drag out till 1 nov ? and thanks again 11b/13b nam 68-69 9th id, 70-71 101st abn B) :) :)

Edited August 18, 2009 by WHOLESALE

[WHOLESALE]

Thanks Sharon, that's GREAT info.

frank

Would you please post the reason for the purposed reduction. Each case is different and it would help address what is going on with your case. If you have been service connected for:

1. 5 years - requires two evaluations before they can decrease your rating after 5 years of continuous rating.

2. 10 years - they can not sever service connection except fraud.

3. 20 years - they can not reduce your scheduler rating except fraud.

4. 55 years old - they are not supposed to reevaluate a disability after age 55 that is stable.

"The ten year rule applies to severing service connection, the twenty year rule applies to protected ratings (Title 38 CFR 3.951), if a disability has been static for more than five years, the VA cannot reduce on any one examination (Title 38 CFR 3.344)