Remove Service Connection

[hurryupnwait]

Can VA remove service connection for an issue that was previously granted.

The claim did not involve fraud.

Edited March 5, 2010 by hurryupnwait

[john999]

It is ten years for SC protection according to the VBM. 20 years to protect a rating.

[Philip Rogers]

Thanks, John!!! I wasn't sure which was the 5yr and which was the 10yr. I know the 20yr, as I'm there! ;-)

pr

It is ten years for SC protection according to the VBM. 20 years to protect a rating.

[Testvet]

Philip I only have 13 more years to wait or live that long rofl

no one likes a smart azz rofl

[john999]

If you are 100% there is a five year protection that is not as stong as the others but it is there. What it means is the VA can't just reduce you on one C&P exam.

[Pete53]

I should be down to 1 year and I am for flat feet but 3 years for my 20 on 100%.

[vaf]

If you are 100% there is a five year protection that is not as stong as the others but it is there. What it means is the VA can't just reduce you on one C&P exam.

However,

Expect them to try. I'm working with a veteran right now who underwent organ transplant surgery in 1997, and the VA was supposed to call him back for a C & P a year later. They didn't, in fact, they never contacted him again until scheduling him for a C & P exam in May 2009, which of course, they followed up with a proposal in July 2009 (to give you an idea of just how quickly they turned THAT decision around) to reduce him from 100% schedular down to 30% -- based on that one exam.

The relevant statute in 38 CFR on ratings that have been at the same level for at least five years is 38 CFR 3.344, "a" through "c." Reductions of this nature cannot be based on one single exam, and cannot be decided without weighing the entire medical history of record (including private medical records, which in this case, were never requested -- there was no VCAA notice issued after the veteran objected and then asked for a hearing), or based on an exam that has not been proven to be at least as thorough as the original exam upon which the rating was initially based. There was no mention of any of the above in the Rating Decision letter -- just a quick review of the C & P results, part of the regulation that would allow the VA to reduce the rating (which conveniently omitted any mention of the conditions that may prevent that and why they wouldn't apply).

The veteran's hearing will take place early next month. If anyone finds themself in this same position and wants to hear about the outcome, up or down, please let me know.