55 Year Old Rule?

[harry59]

I've seen on a couple of websites where it stated that your VA rating percentage is protected and they cannot reduce your rating once you reach 55 years old.  Is this true?  If so, where can I find this in the VA regulations for verification?  

Thank you to all who reply.

[GBArmy]

Hi Harry59

You can find that in the VA  m21-1 manual here https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000015810/M21-1,-Part-III,-Subpart-iv,-Chapter-3,-Section-B---Scheduling-Examinations#2d. It is also based on 38cfr if you want the legal basis. If you are scheduled for a follow up exam, it should be noted as a comment on your decision letter as well as your Rating Code Sheet if it says you are "static." Static means no expectation of improvement, so a re-exam is not necessary. If you reach 55, then you also shouldn't be called either. HOWEVER, if you submit a NEW disability claim, then all bets are off and they can re-look at anything whey want in evaluating your new claim, so keep that in mind also.

[harry59]

Thank you for the reply, and the reference. I have been at 70% for 18 years and I'm currently 61 years old. If I understand it correctly, the VA 20-year rule states that they cannot downgrade your percentage. I want to be evaluated for an increase and some secondary issues as well, and possibly a new claim, but I'm afraid I will be downgraded. You never know with the VA. I am currently receiving concurrent receipt so if I get decreased below 50% I will lose it. That financial blow would be devastating.  Any advice?  

[Buck52]

The VA don't play this game by their rules  they can make any Veterans life miserable if they want to/or choose to.,

All it takes is a VA Dr writing something like this '' This veterans disability has shown improvement and he is doing a lot better,  ,,and this goes into his medical records, R.O. Checks these medical records like hungry vouchers and Walla sends out the propose reduction letter because they were informed from a VA Physician that your S.C. disability has shown Improvement...

[texasvet]

Hello Buck, 

Does the VA RO only check a veteran’s records if a new claim is opened?

Somewhere along the way, on my almost 20 years of dealing with the VA, I picked that belief up. I can’t remember if it was from my DAV VSO or from a retired VA rater that I know.  
 

texasvet

[Buck52]

Well its hard to tell what they heck they do up at the R.O.

USUALLY when a veteran files for another claim  they only check the records for that particular claim, but it depends on the Veterans rating at the time they adjuicate a New Claim

example 

 IN 2002 I was 90% TDIU P&T FOR MY PROFOUND HEARING LOSS THAT WAS CAUSED BY LOUD SUDDEN NOISE WHILE IN THE MILITARY  OK IT TOOK YEARS FOR MY HEARING TO GET SO BAD I COULD NOT HEAR WELL ENOUGH TO DO MY JOB  EVEN WITH USE OF HEARING AIDS..SO I FILED FOR HEARING LOSS  AND WAS GIVEN A 50% RATING  OK MY HEARING LOSS CONTINIUE TO GET WORSE I WENT TO VA REHAB  AND THEY COULD NOT FIND ME ANYTHING I COULD DO MAKING ME NOT FEAISABLE TO RETRAIN AT THIS TIME, I SUBMMITED THAT LETTER WHEN I FILED FOR THE INCREASE THEY RATED ME 90% FOR MY HEARING LOSS AND INCLUDED TINNITUS FOR 10%

 SO I WAS ON TDIU P&T FOR ABOUT 14YEARS ,LATER ON I FILED FOR ANOTHER CLAIM IN 2015  AND WAS SERVICE CONNECTED FOR 70%  THIS IS WHEN THEY MAY LOOK INTO YOUR RECORD FILES  THEY DO THIS TO SEE IF YOU MEET THE CRITERIA FOR THE SMC S.

AND IF A VETERAN HAS A 100% RATING  OR TDIU AND FILES ABOTHER CLAIM AND IS RATED 60% OR HIGHER FOR THIS NEW CONDITION(DISABILITY)THIS MEETS THE CRITERIA FOR THE SMC-S AND ITS A STATUTORY RATING  BUT SOMETIMES THEY DON'T ALWAYS CHECK THIS..I  HAD NO IDEAL I GET HE SMC S..I WAS SUPRISED I GOT THAT WHEN I GOT MY PACKET IN THE MAIL.>>>  BUT HEY I;LL TAKE IT  . ABOUT 347.00 MONTH ADDED IN TO THE 100% RATE

THIS WAS NOT EASY WHEN  I FIRST FILLED FOR HEARING LOSS I WAS DENIED  THEN I APPEAL AND THEY GAVE ME service connection at 0%  I APPEAL THAT AND THEN I GOT THE 50%  IF THEY HAD DID THEIR JOB RIGHT IN THE FIRST PLACE AND GAVE ME TO DAMN 50%  IWOULD NOT HAVE HAD TO APPEAL  IT TOOK FROM 1998 TO 2002 TO GET MY 90% TDIU P&T

IF A VETERAN HAS ANYTHING THAT ARISES LATER ON AFTER HE IS SERVICE CONNECTED FOR A CONDITION AND THIS NEW CONDITION ARISES LATER ON SAY 1 YEAR OR 10 YEARS LATER,  IT IS CONSIDER ANOTHER SEPERATE CONDITION MAKING  IT A SEPERATE CONDITION  CLAIM  NOT  A REOPEN CLAIM ON YOUR OLD CONDITION  BUT ON  A NEW CONDITION  AND IF YOU WERE RATED 100% OR TDIU ON YOUR OLD CONDTION  AND 60% OR HIGHER FOR ANOTHER SEPERATE CONDITION THEN THEY ARE SUPPOSE TO CHECK YOUR RECORDS   TO SEE IF YOU QUAILFY FOR THE SMC S.

ITS A STAUTORY RATING. BUT LIKE I MENTION THAY DON'T ALWWAYS DO THIS  SO THE VETERAN CAN BRING IT TO THIR ATTENTION AND ASK WHY THE SMC S WAS NOT APPLIED AT THIS TIME.?

YOU CAN CALL THE 1-800 # AND ASK WHY OR HAVE THEM TO APPLY THE SMC S.BUT YOU MAY HAVE TO APPLY FOR IT DEPENDS IF THEY SCREWED UP AT THE R.O. OR NOT.?

Edited November 23, 2020 by Buck52

[Buck52]

i ALWAYS TELL A VETERAN IF HE IS SERVICE CONNECTED FOR SOMETHING  AND HAD IT FOR A FEW YEARS  AND HE COMES DOWN WITH ANOTHER CONDITION THAT  IS SEPERATE FROM THE ONE HE HAS SERVICE CONNECTED

THEN FILE THAT CLAIM ,WE NEED TO GET EVERY BENEFIT WERE ENTITLED TO  LIFES TO SHORT NOT TO.