Question On 20 Year Rule

[lotzaspotz]

If an RO mistakenly pyramided a rating, which is to the benefit of the veteran, and the pyramided rating has been in existence over 20 years, does the RO have any statutory legal grounds to revoke the rating, once it discovers what happened? This is assuming there was no fraud involved, nor any misrepresentations made by the veteran.

Also, if the RO fails to lower a rating, say in the case of a kidney transplant, down from 100%, because it failed to schedule a C&P exam after one year, and the veteran has this rating for 20 years before the RO discovers it's oversight, can this rating be reduced? Also assuming no fraud or misrepresentations.

If the RO can revoke, even after 20 years, can I get the statute, please?

[jbasser]

A cue on behalf of the RO is their issue. I is not fraud on your part. Funny thing the reg cant be negotiated as it is law.

The RO may get upset about it but it is what it is.

Don't worry too much about it.

[Navy04]

You can not get any better advice than above my friend. Remember that the Govt is always looking for a way to down play anything, especially when it comes to the Dollars. Even though the VA is tough, they can not fault you when you use their own Laws and Regs in front of their face. Good luck and you will be fine.