Does date for 10 year mark for permanent SC status run from application decision/award date?

[slangpdx]

hello

I first applied for SC status Mar 1, 2010. 

I was awarded 70% SC on Feb 18, 2011.

Does my 10 years start running from date of application in 2010 or the date of the decision/award in 2011?

thanks for any help

[pacmanx1]

1 hour ago, slangpdx said:

I was awarded 70% SC on Feb 18, 2011.

It would be 2011: 5, 10, 20 years after your effective date if you are looking for protection.

If you are looking for P & T, that can be awarded at any time. When I was award 100% schedular, VA awarded me P & T in the same rating decision. 

If your medical records show that your condition is permanent, then you can request VA award you P & T but make sure your treating doctors agree and it is in your treating notes.

[Marine Corp 69/70]

It’s the date you file for the disability, Mar 1 2010 

[pacmanx1]

I do believe that it goes by the effective date.  

I will admit that the OP (ORIGINAL POST) is kind of confusing, but each rating decision would begin the start of the clock for protection.  That means if a veteran began applying for disability in 2010 and his/her claim was rated in 2010 than his/her effective date would be in 2010 but the OP did not state that.  The OP stated that he was awarded 70% in 2011 and that would be the beginning of his/her protection.

Keep in mind that just because a veteran files a claim in 2010 that does not guarantee that his/her effective date would be ion 2010.

 

Edited December 30, 2020 by pacmanx1

[pacmanx1]

The 20 Year Rule For VA Disability Ratings 

If a service-connected VA disability has been continuously rated at or above a certain rating percentage for 20 years or more, the VA is prohibited from reducing the rating below that level. The only exception for this rule is if the VA discovers that the rating was based on fraud. For example, a veteran has been rated at 50% for PTSD for over 20 years. 

 

[Buck52]

  Pacmanx1  has some great advise and Information.

Usually if Veteran has had his S.C.Conditions' 10 years run  constant  and is P&T they tend to leave that veteran alone.

 Veterans are taking a chance of them reviewing the entire claim  to have his claim audited if they request it? and reviewed  and if they see a error they will correct it. the other is if they can prove fraud against the Veteran.

So in my opinion if you have had your S.C. Condition rated for 10 years  ( P&T helps)  but not necessary ,you more than likely don't have anything to be worrying about.

Now  with this said  do not let this Scare you off and not file for an increase   if your condition has worsen and your not at the 100%   or not getting any SMC's & have the medical record or records as your evidence to show your condition has worsen/got worse  by all means file for that Increase they will not reduce you or take away your present S.C. Condition just because you file for an increase  some say  or its a Myth that doing so will open up a can of worms   (Not True ) its just a myth started by some Insecure VSO's

Also if a Veteran ever gets a proposed letter to reduce his/her benefits   from some VA Quack Dr Notes that your condition has shown improvement, you can Appeal that  and get your own IMO TO REBUTE THE VA Doc  but you do have time lines to do so.  usually 60 days after you get a proposed to reduce letter  to Appeal and request  hearing  or submit HLR claim with your  NEW EVIDENCE ( IMO) medical evidence showing that your s.c. has stayed the same or actually increase or got worse.

some times these proposed reduction letters turn out better than to be expected and you get an increase rather than a decrease.