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)
Questions?
If a veteran files secondary to his alredy SC 90% disability, TDIU P&T under these CFR'S the veteran can not be reduced or sent to a C&P exam Based on he has 10 years and more on the original disability,
so if the veteran files for a secondary disability that arose from his SC Disibility, then that can't touch his P&T Disability if he files for the secondary. > is this correct?
..................Buck
Edited by Buck52
I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!
Question
Buck52
Based on these CFR's
§§3.955-3.956 [Reserved]
§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)
Questions?
If a veteran files secondary to his alredy SC 90% disability, TDIU P&T under these CFR'S the veteran can not be reduced or sent to a C&P exam Based on he has 10 years and more on the original disability,
so if the veteran files for a secondary disability that arose from his SC Disibility, then that can't touch his P&T Disability if he files for the secondary. > is this correct?
..................Buck
Edited by Buck52I am not an Attorney or VSO, any advice I provide is not to be construed as legal advice, therefore not to be held out for liable BUCK!!!
Link to comment
Share on other sites
Top Posters For This Question
8
2
2
2
Popular Days
Jul 3
7
Jul 5
6
Jul 4
4
Top Posters For This Question
Buck52 8 posts
john999 2 posts
Gastone 2 posts
Navy04 2 posts
Popular Days
Jul 3 2015
7 posts
Jul 5 2015
6 posts
Jul 4 2015
4 posts
Popular Posts
Guest
Buck, If a veteran files a clam for a secondary condition to an already established service connected condition. VA will most likely request a C & P exam for both the primary and secondary c
john999
Buck When I say a specific rating I mean any rating. If you have a 50% rating for sleep apnea for 20 years the VA cannot reduce it according to their own regulations. P&T does not mean P&T fo
Gastone
My 21-4140-1 is locked & cocked, just waiting to see if the VA sends 1 or not. 21/2 yrs and a wake up till 70. Semper Fi Gastone
16 answers to this question
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now