Rating Protection

[babyray]

how does rating protection works. what is it. 5year or 10 year and the va cant lower your rating?

[Buck52]

This might help shed some light?

Permanent or Long-Term Disabilities

In cases where the disability was determined at the outset to be static, or permanent, or if the disability has not improved in five years and is not likely to improve, the VA is not likely to require a re-examination. Likewise, if the veteran is over the age of 55 or if a re-examination would not change the veteran's current rating, then a re-examination would not be scheduled.

If a veteran has had the same disability rating for five or more years, his or her rating should not be lowered unless a wide and comprehensive examination of all medical records and history concludes that “sustained improvement has been demonstrated.”

If a veteran has a 100% disabled rating – also known as “total disability” – this rating cannot be reduced unless there is a medical examination that shows “material improvement” in the veteran's physical or mental condition. The VA may also look at whether or not the veteran is able to work or maintain employment for twelve consecutive months or more, or his employability is otherwise proven on clear and convincing evidence. In such cases, a rating of “total disability” may be reduced. (However, if the veteran's work is for vocational rehabilitation, education or training, or if the job uses mental demands rather than physical, when the disability is physical, than a reduced rating may not occur.)

If a veteran has been deemed to have permanent and total disability and has been receiving disability benefits for twenty years or more, his or her benefits cannot be reduced. If the veteran's disability is less than permanent and total, and the veteran has been receiving disability benefits for twenty years or more, and upon re-examination by the VA the veteran's disability rating is lowered, the amount of compensation will not drop below the original level. For example, if the veteran has been deemed to be 40% disabled for a period of twenty continuous years or more and is then re-evaluated to be only 30% disabled, the amount of his benefits will not drop below the 40% compensation rate.

...................Buck

[Guest]

Please do a little research.

[Buck52]

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.

so which is it?

the effective date from service connection? or the effective date of the rating decision?

kinda confusing

jmo

........Buck