5,10,20 Years

[windy city]

I am sorry to ask this questio but what are the regulations concernning the 5, 10 and 20 year rule.

[VetsLady]

I am sorry to ask this questio but what are the regulations concernning the 5, 10 and 20 year rule.

Not sure what the 5-10-20 year rule is, but I'll be watching this thread to find out.

[Vync]

Here you go:

http://www.warms.vba.va.gov/admin21/m21_1/...8/ch08_secc.doc

Edited March 16, 2010 by Vync

[dsgsr]

c. Determining the Ten-Year Period

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.

My ?, in this statement wouldn't the SC date be the date of injury? Or when the VA decided the injury was SC?

Hope I'm not being too "off the wall"

David

[SLEDGE]

"wouldn't the SC date be the date of injury?"

No.

The service connection date is when the VA says that a service connection exists.

The injury could predate the decision to service connect the injury, by the VA, by decades.

Service connection is an 'after the fact determination' made by the Department of Veteran's Affairs, a Federal Agency, and has nothing to do with the actual date that a service connected injury occurred while serving your country.

Apples and oranges.

You can't learn anything if you don't ask.

Tbird set this up so we could all work together to educate each other.

Welcome home.

sledge

[dsgsr]

"You can't learn anything if you don't ask.

Tbird set this up so we could all work together to educate each other.

Welcome home.

sledge "

Thank you Sledge, and too Tbird.

David

[carlie]

There is some five year rule about SC in the 38 CFR regs

but I can't find it now, but I don't think it specifically

offers protection. I believe it is worded something like,

if it's been SC'd for five years then it is static in nature

(very little room for improvement).

Maybe someone will look it up and post it.

carlie

Here's the 38 CFR Regs too that go along with jbassers M21-1MR.

http://ecfr.gpoaccess.gov/cgi/t/text/text-...271&idno=38

§ 3.951 Preservation of disability ratings.

(a) A readjustment to the Schedule for Rating Disabilities shall not be grounds for reduction of a disability rating in effect on the date of the readjustment unless medical evidence establishes that the disability to be evaluated has actually improved.

(Authority: 38 U.S.C. 1155)

(b) A disability which has been continuously rated at or above any evaluation of disability for 20 or more years for compensation purposes under laws administered by the Department of Veterans Affairs will not be reduced to less than such evaluation except upon a showing that such rating was based on fraud. Likewise, a rating of permanent total disability for pension purposes which has been in force for 20 or more years will not be reduced except upon a showing that the rating was based on fraud. The 20-year period will be computed from the effective date of the evaluation to the effective date of reduction of evaluation.

(Authority: 38 U.S.C. 110)

[34 FR 11970, July 16, 1969, as amended at 57 FR 10426, Mar. 26, 1992]

http://ecfr.gpoaccess.gov/cgi/t/text/text-...272&idno=38

§ 3.952 Protected ratings.

Ratings under the Schedule of Disability Ratings, 1925, which were the basis of compensation on April 1, 1946, are subject to modification only when a change in physical or mental condition would have required a reduction under the 1925 schedule, or an increased evaluation has been assigned under the Schedule for Rating Disabilities, 1945 (looseleaf edition), after which time all evaluations will be under the 1945 schedule (loose-leaf edition) only. Such increased evaluations must be of an other than temporary nature (due to hospitalization, surgery, etc.). When a temporary evaluation is involved, the 1925 schedule evaluation will be restored after the period of increase has elapsed unless the permanent residuals would have required reduction under that schedule, or unless an increased evalation would be assignable under a 1945 schedule (looseleaf edition) rating. In any instance where the changed condition represents an increased degree of disability under either rating schedule but the evaluation provided by the 1945 schedule (looseleaf edition) is less than the evaluation in effect under the 1925 schedule on April 1, 1946, the 1925 schedule evaluation and award are protected.

[26 FR 12766, Dec. 30, 1961]

http://ecfr.gpoaccess.gov/cgi/t/text/text-...276&idno=38

§ 3.957 Service connection.

Service connection for any disability or death granted or continued under title 38 U.S.C., which has been in effect for 10 or more years will not be severed except upon a showing that the original grant was based on fraud or it is clearly shown from military records that the person concerned did not have the requisite service or character of discharge. The 10-year period will be computed from the effective date of the Department of Veterans Affairs finding of service connection to the effective date of the rating decision severing service connection, after compliance with §3.105(d). The protection afforded in this section extends to claims for dependency and indemnity compensation or death compensation.

(Authority: 38 U.S.C. 1159)

[33 FR 15286, Oct. 15, 1968]