Protected / Unprotected Rating

[butlerg]

Question I'd really like an answer too...

Ventral hernia rated at 20% for 15 years

Raised to 40% for 1 year Then

Reduced to 0 - Inquiring minds want to know

going from 40 to 20 obviously is not protected it existed for only 1 year at 40%

However, would the part of going below 20% be protected because it existed for 15 years or the whole thing is unprotected because of the one year old increase????

[JR Reihs]

Well, it went fron 40 to 0%..........how and why did that happen , and when did the 20% hit 15?

[butlerg]

It was reduced with reasons and bases of the symptoms not longer warranted compensation... It was mistakenly examined during a C&P that was supposed to check for adhesions secondary to the ventral henria. Of course for a reduction the VA has to prove improvement, it does not matter what my symptoms are. I don't have to prove I deserve the rating they have to prove I don't. I've been rethinking and it appears that 38 C.F.R. § 3.344 (a) and (b) do apply because the disability went from 20 to 40 there by proving it was not likely to improve...