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.
I was granted 70% SC for mental condition on Feb 18, 2011. Date of application was January, 2010. In either case it has now been over 10 years regardless of which date is used so SC status is secure, though rating percentage is not. I was granted SS disability in 2018 for the same reason as the VA SC rating, on the first try with no appeal. Does SS determination create an automatic presumption against lowering of rating, or greatly argue for not "improved on a sustained basis?" I have put off applying for TDIU for a while but believe I should now. I have an application with the county rep prepared and ready to go. I am 65, have not worked since May 2016. The SS determination is included as part of the TDIU application.
Question
slangpdx
As posted in these forums:
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.
I was granted 70% SC for mental condition on Feb 18, 2011. Date of application was January, 2010. In either case it has now been over 10 years regardless of which date is used so SC status is secure, though rating percentage is not. I was granted SS disability in 2018 for the same reason as the VA SC rating, on the first try with no appeal. Does SS determination create an automatic presumption against lowering of rating, or greatly argue for not "improved on a sustained basis?" I have put off applying for TDIU for a while but believe I should now. I have an application with the county rep prepared and ready to go. I am 65, have not worked since May 2016. The SS determination is included as part of the TDIU application.
Edited by slangpdxLink to comment
Share on other sites
Top Posters For This Question
2
2
1
1
Popular Days
Mar 1
6
Top Posters For This Question
slangpdx 2 posts
brokensoldier244th 2 posts
Buck52 1 post
pacmanx1 1 post
Popular Days
Mar 1 2021
6 posts
Popular Posts
pacmanx1
What most veterans do not understand is when they file a TDIU request they are basically asking VA to increase their rating decisions. That simply means that if they do not specify what disability(IES
5 answers to this question
Recommended Posts
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 accountSign in
Already have an account? Sign in here.
Sign In Now