5, 10 and 20 rule explanation

[Paulette Salisbury]

What is the 5,10 20 rule some have made reference to on the blog?

[broncovet]

5 years (or Permanent and Total):  Veterans can not be reduced "unless there is actual improvement under ordinary conditions of life".  Generally, "ordinary people" work, while disabled people dont work.  You are safe if you are over 5 or P and T and not working.  

10 years: is protections for "severance".  Severance means they cut your service connection, reduction means you are still SC, but at a lower percent.

20 years:  When you have been SC for 20 years, the VA can not reduce you "unless they can prove fraud". 

For more details:  https://www.law.cornell.edu/cfr/text/38/3.344

and  https://www.law.cornell.edu/cfr/text/38/21.48

 

[Buck52]

  I agree with broncovet   but That  10-to 20 year rule seems to take forever

[Rattler]

Check out this article

[El Train]

Once you reach that status, it is tough not to count the years down for protection status.  5 months, 23 days until 5 year status.  But who's counting.  I'm not filing any claims any time soon.

[Vync]

@El Train Those timeframes don't make a whole lot of sense, but instead fuel the ability of people to scare vets by advising vets no to "rock the boat".

I'm 100% P&T, under 55, and have not yet crossed the 20 year finish line. I filed a CUE for 20+ year old errors which eventually was appealed to the BVA. My VSO rep actually told me not to file any more claims of any type because I did not have 20 year protection yet.

These timeframes need to be reduced significantly based on reality. 5 years should be reduced to 1 year because if the VA can't miracle cure you in a year, it's likely going to continue for years anyway. Even if the vet has their cancer cured, they still end up dealing with the residuals of the treatment anyway. 10 years should not be a factor at all because how may times have you heard SC being severed outside of fraud being proved? 20 years is a lifetime away and some vets never live long enough to reach it. Any P&T, IU/TDIU, or 55+ year-old vet should automatically be protected from any kind of reduction or SC severance just on principles of the facts alone outside of fraud being proved. Of course, these are just my opinions.

[Dustoff1970]

I have been PTSD TDIU since 1998 and P&T TDIU since 2000 and most recently 100% P&T with SMC-S.

All my recent additional ratings are over 5 years except my GERD, Tinnitus, HTN and AO VN Heart disease increase to 60%.

Since the BVA said I have strong evidence to support my granted OSA Sleep Apnea appeal claim and heart disease increase claim I do not expect any revaluations and GERD, Tinnitus, HTN claims granted by VARO this year are based on strong supporting evidence so I am not worried about revaluation on those unless I file for increase in those but I am very happy with the present ratings on everything.  All is good.  

Should one of my recent ratings be reduced I will still be 100% P&T with SMC-S.

 

From 1985 to 91 I was constantly revaluated for Nam PTSD by hostile VA C&P examiners almost every year.  They are all feeding the worms now and I am fishing and camping frequently for R&R.  

Edited August 3, 2023 by Dustoff1970