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Removal of Service connected disability?

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Bill Mills

Question

I just found my C&P hearing exam results of my appeal. The audiologist found that my hearing was basically unchanged from the original claim results from July 2016. In that exam I was granted 10% for tinnitus, and 20% for bi-lateral hearing loss. The original findings were granted service connection as I was a bomber pilot during Viet Nam war. I believe this AFSC is the highest category for hearing loss presumption. In this current exam the examiner does not put the findings to be service connected. There is no mention of in the Etiology category of service connection. 

Can the Service connection be removed? Perhaps the examiner did not take into consideration my past service as the original examiner did. I can't afford to lose this 30% as it would also remove me from free medication and health care. My current disability is 60%. 10% tinnitis, 20% bilateral hearing loss, 10% Agent Orange exposure, (Ischemic heart disease), 30% PTSD.

I'm a new member as of today and I hope I am posting this in the proper forum. Anyone that can shed light on service connection removal would be greatly appreciated. Nothing has changed on my service records and my DD214 remains the same as it did on my original claim.

 

Thanks ahead of time,

Bill 

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Old Dog basic Hearing & Tinnitus issues never improve. As a Nam Vet, your way past the Double Nickel (55) where you have to worry about Rating Dept ordering 3 to 5-year "Diary Dated" C-File Re-exams to determine SC improvement. If you file for an Increase or Secondary issue, that obviously opens your respective SC's for a Rating Dept ordered C & P exam and/or VMC Med Rec Review.

 

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If your rating is over ten years old the VA cannot reduce it unless they can prove fraud.

Service connection for any disability or death granted or continued under 38 U.S.C. which has been in effect for 10 or more years will not be severed except on 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. 38 C.F.R. § 3.957.

Reading your post I believe your service connection is less than ten years old.  If the case is less than ten years old legally they can reduce it but I believe it requires another exam.

Edited by vetquest
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