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5,10, 20 Rule


Ddsr

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The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
------
Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)
2022 - Service Connection Increased @ 50%
RESULT: 50% is Protected from reduction in 2042 (20 years)
-------
Second example for 2020:
Example of protected percentages:
• A Veteran gets awarded @ 30% in 1991.
• The Veteran files for an increase and is awarded 70% in 2004.
• The Veteran files for and is awarded TDIU status in 2005.
---------
RESULT: In 2001 (10 years), the condition's service connection is protected.
RESULT: In 2011 (20 years), the 30% is protected from reduction (except for fraud).
RESULT: In 2024 (20 years), the 70% is protected from reduction.
RESULT: In 2025 (20 years), the TDIU is no longer monitored yearly for income and is protected from reduction. In addition, the Veteran is automatically P&T.
For clarity on the 5 year rule: This says the VBA must have proof of sustained improvement. An example might be when a Veteran has a mental health condition yet does not go to a psychologist/psychiatrist. Or, if the Veteran never has his service connected back status noted in the current medical records. Those situations would suggest a sustained improvement because the Veteran did not seek treatment or therapy or at a minimum get a current status noted in the medical records.
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So the 20 10 5 rule always gets me confused my five year mark for my 100% p and t is on November this year. Am I protected from anything after November my healthcare is all at the VA still go there several times a month since 2016...

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On 7/8/2020 at 3:39 AM, Ddsr said:
The 5, 10, 20 year rules...
Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.
Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.
Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.
If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"
At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.
NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.
------
Example for 2020 using the same disability rating
1998 - Initially Service Connected @ 10%
RESULT: Service Connection Protected in 2008
RESULT: 10% Protected from reduction in 2018 (20 years)
2020 - Service Connection Increased @ 30%
RESULT: 30% is Protected from reduction in 2040 (20 years)
2022 - Service Connection Increased @ 50%
RESULT: 50% is Protected from reduction in 2042 (20 years)
-------
Second example for 2020:
Example of protected percentages:
• A Veteran gets awarded @ 30% in 1991.
• The Veteran files for an increase and is awarded 70% in 2004.
• The Veteran files for and is awarded TDIU status in 2005.
---------
RESULT: In 2001 (10 years), the condition's service connection is protected.
RESULT: In 2011 (20 years), the 30% is protected from reduction (except for fraud).
RESULT: In 2024 (20 years), the 70% is protected from reduction.
RESULT: In 2025 (20 years), the TDIU is no longer monitored yearly for income and is protected from reduction. In addition, the Veteran is automatically P&T.
For clarity on the 5 year rule: This says the VBA must have proof of sustained improvement. An example might be when a Veteran has a mental health condition yet does not go to a psychologist/psychiatrist. Or, if the Veteran never has his service connected back status noted in the current medical records. Those situations would suggest a sustained improvement because the Veteran did not seek treatment or therapy or at a minimum get a current status noted in the medical records.

LOL someone needs to inform the regional offices about these "rules" they definitely do NOT follow the 5 year rule and I can attest to that, I beat them at their own silly games but don't think for a second they won't try to reduce a rating that is over 5 years old and documented to show that it has gotten worse not better by your VA specialist, then a quack they hire for cp exams sees you for 5 minutes and that 50% rating is suddenly a proposal to reduce to 0% IDIOTS (the ro, not you ;))

 

Edited by seminoles
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  • HadIt.com Elder

 

Not too be picky or rude but I've reviewed 38 USC §110; §§ 3.10;3.344; 3.951. Can someone cite case law, precedence, statute and/or regulation to support this ten-year rule granting immunity to service connection? I am unable to find it in statute or regulation. The only way to eliminate service connection for a disease or injury would be for VA to show you obtained via fraud. §3.105 governs this eventuality. Nowhere in the four corners of  §3.105 can there be found a ten-year protection against removal of SC under any and all clear and unmistakable errors. 

 

§3.344(c) protects a rating in existence for 5 years from reduction----- but only if the two-part strictures of §3.344(a) are met-i.e., the c&p exam must be more thorough than the one upon which the original rating was predicated which usually means two separate c&ps appropriated spaced to show sustained improvement. Where VA stubs its collective toe on reductions is that they never complete  part two of §3.344(a) and show that the improvement can be reasonably expected to be sustained under the ordinary conditions of life.  I don't know any doctors that can give you that guarantee so it mystifies me how VA Examiners think they can guarantee your cancer is in remission and never coming back.

 

38 USC §110 and §3.951(b) protect a rating after 20 years- assuming it's not fraudulent. That protects all ratings- even a 10% for 20 years.  If you filed for an increase ten years after the original grant and get it, your 20-year protection still only has a "look back" of 20 years. If you had a 100% P&T grant from 2/20/2000, it would be protected as of today. If you were awarded 60% in 2000 and 100% in 2005, only the 60% is protected so far.

 

 

 

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1 hour ago, asknod said:

Not too be picky or rude but I've reviewed 38 USC §110; §§ 3.10;3.344; 3.951. Can someone cite case law, precedence, statute and/or regulation to support this ten-year rule granting immunity to service connection? I am unable to find it in statute or regulation. The only way to eliminate service connection for a disease or injury would be for VA to show you obtained via fraud. §3.105 governs this eventuality. Nowhere in the four corners of  §3.105 can there be found a ten-year protection against removal of SC under any and all clear and unmistakable errors. 

§ 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]

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    • 5,10, 20 Rule
      The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
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