Jump to content
VA Disability Community via Hadit.com

VA Disability Claims Articles

Ask Your VA Claims Question | Current Forum Posts Search | Rules | View All Forums
VA Disability Articles | Chats and Other Events | Donate | Blogs | New Users

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

55 Year Old Rule?

Rate this question


harry59

Question

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.

Link to comment
Share on other sites

Recommended Posts

  • 0

Sigh some good information here. The short answer is... I doubt they would. Look if you reopened a claim the VA could reduce your rate if you showed fairly significant improvement. Is that likely at this point? No. Personally at 70% if I thought I could get a higher rating like 90 or 100% I would file. The important thing is have you gotten better or worse since the rating. Are you employed now? Have you been since TDIU was issued? Personally I would go for the P&T if I was worse and had not significantly improved for the disabilities you orginally filed for and if you felt that there was further degredation or worsening of an already rated illness or injury.

I understand that the VA makes mistakes and that can cause some worry and some serious financial hardships but they are not out to get us. I it more a case of benign neglect more than anything. Plus most of the employees do really try, it just that the system has become so byzantine that it takes a long time to figure out the process. I'm at 18 years now and I am just starting to grasp it.

In any case best of luck to you.

Sixth 

Edited by sixthscents
Link to comment
Share on other sites

  • 0
  • Moderator

If you carefully read the regulations, cited below, you will see that the myth of "dont apply for an increase you will be decreased instead" is just that..a myth.  

Generally, its a "fear tactic" often used by VSO's, and even VA employees to "scare" Veterans into settling for less than they deserve and "settling into" poverty.  (If you are unable to work, due to SC conditions, you should be at the max..100 percent)

Knowledge beats fear.  You can choose to live in fear, or, carefully read the regulations cited and understand that, if you are p  and T or rated OVER 5 years, then the VA can not reduce you unless you have had "actual improvement" under ordinary conditions of life.  (The VA has an easier time reducing "temporary" ratings, thus the term "temporary".  

"Ordinary conditions of life" means Working, because "ordinary" people work, and disabled people, generally do not.  

Of course, expect VA to hornswaggle you and "try" to reduce you, and you will rarely be disappointed.  The VA has tried to reduce me TWICE..both over dependents...both were easily refuted.  

The VA hopes (and often gets their wish) when they send you a proposed reduction you either dont read it, or ignore it.  Then, the reduction usually happens as they can assume you agree with it by not disputing the proposed reduction.  

Here they are:  (I have underlined this to make the important parts easier to read.)  

 
Quote

 

§ 3.344 Stabilization of disability evaluations.

(a) Examination reports indicating improvement. Rating agencies will handle cases affected by change of medical findings or diagnosis, so as to produce the greatest degree of stability of disability evaluations consistent with the laws and Department of Veterans Affairs regulations governing disability compensation and pension. It is essential that the entire record of examinations and the medical-industrial history be reviewed to ascertain whether the recent examination is full and complete, including all special examinations indicated as a result of general examination and the entire case history. This applies to treatment of intercurrent diseases and exacerbations, including hospital reports, bedside examinations, examinations by designated physicians, and examinations in the absence of, or without taking full advantage of, laboratory facilities and the cooperation of specialists in related lines. Examinations less full and complete than those on which payments were authorized or continued will not be used as a basis of reduction. Ratings on account of diseases subject to temporary or episodic improvement, e.g., manic depressive or other psychotic reaction, epilepsy, psychoneurotic reaction, arteriosclerotic heart disease, bronchial asthma, gastric or duodenal ulcer, many skin diseases, etc., will not be reduced on any one examination, except in those instances where all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated. Ratings on account of diseases which become comparatively symptom free (findings absent) after prolonged rest, e.g. residuals of phlebitis, arteriosclerotic heart disease, etc., will not be reduced on examinations reflecting the results of bed rest. Moreover, though material improvement in the physical or mental condition is clearly reflected the rating agency will consider whether the evidence makes it reasonably certain that the improvement will be maintained under the ordinary conditions of life. When syphilis of the central nervous system or alcoholic deterioration is diagnosed following a long prior history of psychosis, psychoneurosis, epilepsy, or the like, it is rarely possible to exclude persistence, in masked form, of the preceding innocently acquired manifestations. Rating boards encountering a change of diagnosis will exercise caution in the determination as to whether a change in diagnosis represents no more than a progression of an earlier diagnosis, an error in prior diagnosis or possibly a disease entity independent of the service-connected disability. When the new diagnosis reflects mental deficiency or personality disorder only, the possibility of only temporary remission of a super-imposed psychiatric disease will be borne in mind.

(b) Doubtful cases. If doubt remains, after according due consideration to all the evidence developed by the several items discussed in paragraph (a) of this section, the rating agency will continue the rating in effect, citing the former diagnosis with the new diagnosis in parentheses, and following the appropriate code there will be added the reference “Rating continued pending reexamination ___ months from this date, § 3.344.” The rating agency will determine on the basis of the facts in each individual case whether 18, 24 or 30 months will be allowed to elapse before the reexamination will be made.

(c) Disabilities which are likely to improve. The provisions of paragraphs (a) and (b) of this section apply to ratings which have continued for long periods at the same level (5 years or more). They do not apply to disabilities which have not become stabilized and are likely to improve. Reexaminations disclosing improvement, physical or mental, in these disabilities will warrant reduction in rating.

 

 

And:

https://www.law.cornell.edu/cfr/text/38/3.105

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...

Important Information

Guidelines and Terms of Use