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

[hurryupnwait]

I recommend reading Kitchens vs Brown for Vets where the VA is attempting to reduce.

Try this link:

<h2 class="r">93-256 Kitchens v. Brown BVA</h2>

This case stated that the VA has to meet a preponderance of evidence standard, but read it for yourself. The Veteran won.

I could not get the link to open

[Testvet]

http://www4.va.gov/ogc/docs/1997/Prc31-97.doc this deals with reductions and mentions Kitchens vs Brown

[Fire Courage]

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

This 20 year protection..

Is it from the time of original service connection or the time of increase? I was awarded 0% for my skin condition in 1995 but got an increase to 60% on it in 2008. Does this mean I have 5 years till being protected on this condition?

[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.

[broncovet]

There is some credible information written by Katrina Eagle on reductions and severances here:

http://jimstrickland912.com/Reductions.html