Should I Be Concerned After 20 Years?

[harry59]

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!

[harry59]

Thank you for taking the time to reply. I appreciate the information and feel better about filing now.

[Buck52]

There's basically only two reasons they can reduce a Veteran with 20 years in

One is they can prove freud  and the other is  he was convicted of a crime and was in prison over 60 days.

They can send the proposal out to reduce  but  the veteran must fight for his benefits.

They will need to advise you as what you can do or what your rights are and they must send you to two different c&p exams with different examiners.  if you get a proposal letter to reduce your benefits  its up to them to force the issue/and you can appeal it.

[GBArmy]

Harry59 You're good to go, Buck is right. After 20 years, the only way they reduce  would be due to fraud. If you have additional evidence of having symptoms for 20 years, how would they possibly show your original award was based on false info? Just about impossible. Go ahead and file. In fact, if your symptoms affect your earning income, after 20 years, put in for TDIU if it fit your situation. But in any case, you are good to go. Good luck.

 

[Mr.B]

I would read the law 38CFR ! That’s what you should hear!

[harry59]

Many thanks to everyone that replied. I feel much better about filing now and will post an update when it's over.

[Buck52]

your welcome

I agree with GB Army  go ahead ands file any claims you have to file the sooner the better.

I had been told by one of the upper experts for VA Claims by VA Accredited Claims Agent Alex Graham  that he was representing a Veteran with 19& 9/10 months in and he got a proposal to reduce his benefits. I never knew the outcome  it maybe still in Appeals?

so any of us are subject to get a Proposal to reduce letter.