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HadIt.com Anniversary 24 years on Jan 20, 2021
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Effective dates for increases reductions and protection rules


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I couldnt find an answer in teh archives, maybe i just wasnt wording it correctly.  In terms of the 5,10,20 year protections if you were granted...

2010-30%

2015 -50%

2020 - 100%

for a disabilty, is the 100 percent an effective date of this year or 2010? is the 30% now under 10 year protection but the 50% only under 5 year protections? or does the whole SC restart its protection dates upon any new change whether increase or reduction?

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Ok.  There are "2" issues here:   "Severence" and "reductions".  There is a 10 year protection on "severance" of SC.  (Severance means your Service connection ends).  A reduction means you are st

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100% is from whatever year assigned. Year protections are by each condition, so, 2010  is at 10 yrs. 

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Just now, brokensoldier244th said:

100% is from whatever year assigned. Year protections are by each condition, so, 2010  is at 10 yrs. 

awesome thank you so much, thats what i figured 🙂

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Ok.  There are "2" issues here:   "Severence" and "reductions". 

There is a 10 year protection on "severance" of SC.  (Severance means your Service connection ends).  A reduction means you are still Service connected, but at a lower percentage. 

The 10 year protection is a "severance" protection. 

Both the 5 year and 20 year apply to reductions. 

Sources:

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

stabilization of disability evaluations (5 and 20 year protections)

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

Your "severance" protections begin when you are SC, regardless of percentages.

Your "reduction" (5 year and 20 year protections) begin on your effective date of the disability award. 

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