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Should I Be Concerned After 20 Years?

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harry59

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Hello everyone,

I'm getting ready to file, after 20 years, for secondary claims. I have waited 20 years because I wanted my current service-connected rating to be protected. I have anxiety and trust Issues, amongst other things, and wanted to go through the process knowing that my current rating was protected. Now I do know that the VA can reduce a rating after twenty years if they can prove fraud. Which is definitely not the case here. Can they also possibly reduce your rating if they initially rated you under the wrong code?

Anyway, a friend of mine, that is also a service-connected veteran, told me that I'm crazy for wanting to file again and open up that "can of worms." He told me that he has heard of a good number of veterans, that were past the 20-year rule mark, getting reduced by the VA. Now I know that he had a very difficult time with the VA when he was going through the system back in the late 90's or early 2000's. He is also pretty paranoid. Especially when it comes to the VA. And admittedly, I have to say that I'm untrusting of the process as well. Which is why I've waited 20 years. My biggest fear by far is getting reduced below 50% (I'm at 70% now). If that happens I'll lose my concurrent receipt, which would be financially devastating for me. My heart is already pounding!

For my own peace of mind, has anyone ever heard of, or have first-hand knowledge of, the VA not adhering to the 20-year rule and reducing a rating?

Thanks to all that respond. Much appreciated!

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I was told that by my VSOs too..."Better rethink filing, it could open a can of worms." That's exactly what they said. But the good folks here especially @brokensoldier244th and several others helped me see the light of that farce. If you have the documentation, if you have the injuries, if you have problems, then file for it. I'm not good enough at this process to tell you how to do it, but I told my VSO I'm willing to take the "risk" and I did. I'm now 100% P&T with U/I. 

I'm glad I filed at the behest of the folks here. Stop waiting and get some help in filing if needed. At least put in an "Intent to File" notice (?) so that you can preserve your filing date.

Sgt. Wilky

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They tried to reduce my rating too back in 2018. I filed immediately I was just over my 10 year mark. They can't do reduce you without cause. There's a pinned post about the reduction rules, I'd encourage you to go search it out.

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Thank you for the reply, and encouragement. I definitely have the documentation that my condition is worse and have all the Nexus letters I need for the secondary conditions I'm filing for. I was also just approved for SSDI based on my service connected condition. My friend just me out a little bit.

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1 hour ago, harry59 said:

Thanks to all that respond. Much appreciated!

Pure fiction, The VA and some VSOs spout this information out for years. If I had listened to my VSO that I fired I would still be at a low disability rating. I am currently 100% scheduler P & T. As stated above in order for the VA to reduce your rating the VA must prove that your disability has gotten better.

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It can happen but it's very, very rare. If an error is found on something else while processing a new claim, they are supposed to correct the error even if it means reducing a veteran's rating. Most VA employees won't even dive that deeply into a claim and some will overlook it because they don't want to hurt the veteran but some won't. 

I saw one while I was working for VA but it was very silly for the veteran to even file the claim. This veteran was rated 50% for psuedofolliculitis barbae. This was the only rating he had. He sent in a new claim for TDUI stating that he could not find a job because he couldn't shave due to the razor bumps. He sent in pictures as well. My razor bumps looked worse that his! A rater reviewed his claim and found that the previous rater assigned the incorrect rating. Based on the CFR and the C&P exam, the veteran should have only been rated 10% instead of 50%. She struggled with it but she ultimately sent him a letter stating the his rating was going to be reduced from 50% to 10%. I don't know if he fought it or what happened with it because I left the VA shortly after.  

 

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