10 year time limit to non reviewability

[slangpdx]

I understand that a determination becomes unreviewable after 10 years or when the veteran turns 65.  Is the 10 years dated from the date of the decision or from the date of filing ?

[kanewnut]

38 CFR 3.957.

§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.

 38 CFR 3.951(b), 

§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.

1 hour ago, slangpdx said:

I understand that a determination

Do you mean a disability rating decision? The above might answer your question. If not you can see where I got it from and you can look and see if you find something that more closely match what you wish to know. 

[Gastone]

A Comp Vet's SC% is never really 100% unreviewable or Locked in until it's been held for 20 years.

As is stated in 3.95 (a), after the 10yr mark, the SC Rating can't be "Severed" except for Fraud or Evidence of the (2) problematic Discharge issues.

However, until the 20 Year mark is reached, the SC % can be reduced for any Condition that shows continued Marked Improvement as Evidenced by Private or VMC Med Recs. Any Filing of a New or Increase Claim prior to the 20 Year Mark automatically opens all SC's for Review by the RO Rating Dept, regardless of the T & P Classification.

Prior to an SC Award being held for 5 years, the Rating Dept marks the C-File for a Re-exam with a "Diary Date" prior to the 5 yr Anniversary Date, regardless of the Vet's age up to 65. During that 5 year period,  Med Record evidence of "ANY Improvement," "Marked" or otherwise; could result in an SC Reduction Letter.