100% P&t

[roses15534]

Can your 100% P&T ever be taken away from you? If so what for? Any time frames?

[Chuck75]

Can your 100% P&T ever be taken away from you? If so what for? Any time frames?

Yes it can. However it's extremely unlikely.

20 years and it's virtually untouchable.

The one we'll getcha is if there is evidence of fraud.

[georgiapapa]

Keep in mind that if you file a new claim or request an increase for any of your rated conditions before you reach the 20 year mark, all of your rated conditions will be open for review.

[broncovet]

There is much discussion on this, but I will offer a very brief summary:

In short, yes, your 100% p and T benefits can be taken away. However, there are rules the VA must follow to do so. While I wont repost these, there are certain protections at 5 years, 10 years and 20 years. The best is 20 years and your benefits can not be removed except for fraud. After 10 years your SERVICE connection (but not disability percentages) is protected. Even at 5 years your condition is regarded as "stabalized" and the VA has to show "sustained improvement under ordinary conditions of life" (that is, working), not just a single exam where you felt better if that did not really mean "actuall improvement" of your condition(s).

For the Va to take away your benefits, they have to do a "Proposed Reduction" and give you 60 days and an opportunity for a hearing to dispute the reduction. If the Va fails to comply with the rules of reductions, your reduction can be reversed as if it never happened.

If you get a proposed reduction you should ask for a hearing and get representation by someone very familiar with reduction hearings. If you have not gotten a proposed reduction, and you have not
"actually improved under ordinary conditions of life", as stated by your doctor, then you dont have too much to worry about.

Edited October 31, 2014 by broncovet

[GuaymasJim]

Well written bronco. This topic (and working with 100% SC) just keep resurfacing again and again. In both cases, veterans need to read and understand just exactly what they are being compensated for, and why. You have explained this as well as it can be explained. Thanks!

[Chuck75]

There is one other gotcha. If the VA contends that it made an erroneous rating by mistake, it's possible to "pull it back" within the time limits.

Again, very unlikely to happen. (They usually have "better" things to do.) An erroneous rating might have more

easily occurred as a result of intermixing one veteran's paper records with another, the electronic system should make this more difficult.

This can get interesting if the VA tries to "recoup" money, and the veteran asks for a waiver. When such an error was the VA's fault,

it can be more difficult for them to claw the overpayment(s) back.

Edited November 1, 2014 by Chuck75

[Tbird]

You may find this article helpful VA Reexaminations and Reductions of Veterans Disability Benefits Also this topic

M21-1MRIII_iv_8_SecC.pdf