arrowhead Posted September 9, 2015 Share Posted September 9, 2015 September 1 marked my 20th year of receiving IU. Would anyone know if my 100% rating is now protected? Trying to wade thru the VA page leaves me a little frazzled.Thanks Mike Link to comment Share on other sites More sharing options...
0 Founder Tbird Posted September 10, 2015 Founder Share Posted September 10, 2015 Congratulations!Title 38: Pensions, Bonuses, and Veterans' Relief PART 3—ADJUDICATION Subpart A—Pension, Compensation, and Dependency and Indemnity Compensation§3.951 Preservation of disability ratings.(a) A readjustment to the Schedule for Rating Disabilities shall not be grounds for reduction of a disability rating in effect on the date of the readjustment unless medical evidence establishes that the disability to be evaluated has actually improved.(Authority: 38 U.S.C. 1155)(b) A disability which has been continuously rated at or above any evaluation of disability for 20 or more years for compensation purposes under laws administered by the Department of Veterans Affairs will not be reduced to less than such evaluation except upon a showing that such rating was based on fraud. Likewise, a rating of permanent total disability for pension purposes which has been in force for 20 or more years will not be reduced except upon a showing that the rating was based on fraud. The 20-year period will be computed from the effective date of the evaluation to the effective date of reduction of evaluation.(Authority: 38 U.S.C. 110)[34 FR 11970, July 16, 1969, as amended at 57 FR 10426, Mar. 26, 1992] Title 38: Pensions, Bonuses, and Veterans' Relief PART 3—ADJUDICATION Subpart A—Pension, Compensation, and Dependency and Indemnity Compensation§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)[33 FR 15286, Oct. 15, 1968] Link to comment Share on other sites More sharing options...
0 arrowhead Posted September 10, 2015 Author Share Posted September 10, 2015 Thank you very much, TBird.Mike Link to comment Share on other sites More sharing options...
0 Mikemmlj Posted September 10, 2015 Share Posted September 10, 2015 You're set! Link to comment Share on other sites More sharing options...
0 HadIt.com Elder Buck52 Posted September 10, 2015 HadIt.com Elder Share Posted September 10, 2015 arrowheadCongratulations on your 20 years TDIU.. Now Relax. .............Buck Link to comment Share on other sites More sharing options...
0 waccamawwild Posted December 15, 2015 Share Posted December 15, 2015 Congrats to you! Link to comment Share on other sites More sharing options...
0 US NAVY DAV Posted January 29, 2016 Share Posted January 29, 2016 Congrats! Link to comment Share on other sites More sharing options...
Question
arrowhead
September 1 marked my 20th year of receiving IU. Would anyone know if my 100% rating is now protected? Trying to wade thru the VA page leaves me a little frazzled.
Thanks
Mike
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