Jump to content
VA Disability Community via Hadit.com

 Ask Your VA Claims Question  

 Read Current Posts 

  Read Disability Claims Articles 
View All Forums | Chats and Other Events | Donate | Blogs | New Users |  Search  | Rules 

  • homepage-banner-2024-2.png

  • donate-be-a-hero.png

  • 0

Total & Permanent Disability

Rate this question


maknon31

Question

I am a 100% service-connected disabled veteran.  I am totally and permanently disabled.  Under what circumstances could the VA take your 100% service-connected benefits away?  My rep said that after I was deemed 100%, my VA record was going to go on a shelf and collect dust.  I was also told that the only way I would lose my benefits is if I (veteran) opened a new claim for benefits after my 100% rating.  Is this true?

Link to comment
Share on other sites

Recommended Posts

  • 0
  • Lead Moderator

The VA would have to prove your condition has improved.  This is very hard to do.  I have never heard of them bothering with poeple who are 100% P&T.  

Also you get the 5-10-15-20 year rules that come into play that make it even harder for the VA to reduce anything.  

Unless they can prove Fraud of somekind.  

Link to comment
Share on other sites

  • 0
  • Moderator

I posted this several years ago.  P & T ratings are only granted or awarded when a veteran has a disability or disabilities that is likely going to exist and last for the rest of the veteran's lifetime. I have been P & T for well over a decade and was granted several EEDs (Earlier Effective Dates) and the VA/BVA/CAVC (Regional Office/Board of Appeals/Court of Appeals) has said nothing about me losing my P & T, in fact that has been back dated also.  

Link to comment
Share on other sites

  • 0
  • Moderator

If a 100% P & T veteran file new claims, the VA would only address the new claims. If you file new claims secondary to an already service-connected disabilities, the VA will only address the part of the service-connected rating and if cause your secondary condition.

Link to comment
Share on other sites

  • 0
  • Moderator

The VA has "hoops" to jump through to try to reduce your 100 percent p and T rating.  Generally, it means that your condition "not only" has to show improvement, but it has to show SUSTAINTED improvement (not just improvement on one exam or on one day) "under ordinary conditions of life" which are not due to Sustained rest.  

Read it yourself:

https://www.law.cornell.edu/cfr/text/38/3.344

I have read it at least 20 times.  NOWHERE does it say anything close to "When a Veteran applies for an increase, reduce his rating instead".  

 

That is an old wives tale.  Snake oil.   Dont buy that snake oil.  Instead, apply for any benefits to which you deserve.  The VA can reduce your benefits, but NEVER just solely based on you applying for an increase.  They have to comply with the regulation, above.  And, if they dont, you can protest the proposed reduction, or appeal it if they do reduce it.  

Link to comment
Share on other sites

  • 0
  • Community Owner

It depends on how long you have held the rating. There is a 5, 10, and 20-year rule on reexam. See the article from hear at Hadit.com

https://community.hadit.com/va-claims-and-benefits-information/5-10-20-rule-va-disability-rating-protection-r13/?tab=comments#comment-537768

 

Link to comment
Share on other sites

  • 0
On 4/3/2024 at 4:14 PM, pacmanx1 said:

If a 100% P & T veteran file new claims, the VA would only address the new claims. If you file new claims secondary to an already service-connected disabilities, the VA will only address the part of the service-connected rating and if cause your secondary condition.

Anytime you file a claim the VA has the right to review any previous claims.  They generally don't but know that they can.

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