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.

[murph]

The 5 year rule and the 55 years old rule are worthless for PTSD after reading posts of vietnam vet.being called in for re evaluations.

[VetsLady]

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)

(:) 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]

Does this mean that the spouse of a Veteran, when the Veteran passes and they have been sc for at least 10 years and they pass due to the sc, the spouse will receive what entitlement was for the Veteran at the time of death or, just DIC? Thanks.....

[Philip Rogers]

Just DIC, and if lucky, SS. Why should they get it all??? jmo

pr

Does this mean that the spouse of a Veteran, when the Veteran passes and they have been sc for at least 10 years and they pass due to the sc, the spouse will receive what entitlement was for the Veteran at the time of death or, just DIC? Thanks.....