Veterans who have had a disability rating for at least ten years are protected from the VA taking certain actions. The ten-year rule says that the VA cannot revoke a veteran’s disability rating if they have had it for at least a decade or more. With this in mind, the the VA has to offer the vet some level of benefits, although there are limited exceptions. The VA cannot retract the disability rating of a vet with a Permanent disability designation or a Permanent and Total disability status because their conditions will not change. This therefore, protects their access to 100% disability benefits like Special Monthly Compensation.
Exemptions to the 10 year rule:
A few situations validates the the VA reason to alter a long-standing disability rating.
The first is if the VA finds out that you committed fraud to qualify for your disability benefits.
Fraud includes, but is not limited to providing false information on medical documents, exaggerating the extent of your injuries or fabricating a connection between your military service and the disability you are claiming.
The second is if your service-related disability has quantifiably improved enough to warrant a different disability rating. At that point, the VA can reduce your disability rating and benefits in alignment with your level of disability.
How VA Disability works:
The VA pays a monthly compensation to veterans with persistent medical conditions and debilitating injuries caused by their service. The payments are based on a rating assigned by the VA. This occurs when the VA calculates the percentage by assessing the nature and severity of the veteran’s condition. In some instances, injuries or medical conditions improve over time. The VA initially monitors for changes in a veteran’s condition with periodic reexaminations. Once it becomes apparent that the medical issue has become static or permanent, the VA ceases scheduling routine examinations.
As veterans well know, it is difficult to adapt to living with a persistent disability. Some veterans find alternate work they are able to do despite their limitations. As a result, it helps to have some reassurance that the VA will not suddenly change its rating and take away benefits. Fortunately, the 10-year rule provides some amount of peace of mind. Once the VA has paid disability benefits for this length of time, the VA cannot take away its finding of a service connection. While the VA can reduce the benefit, it may only do so after providing notice, a sufficient reason, and the opportunity to present new evidence at a hearing.
Other Protected VA Disability Ratings
In addition to the VA 10-year rule, there are several other circumstances where veterans’ ratings are protected, including:
100% VA Ratings
If VA assigns a 100 percent rating, it cannot be reduced unless material evidence shows a significant improvement in the veteran’s ability to function on a day-to-day basis.
VA Disability 5-Year Rule: Protected Ratings
According to the VA disability 5-year rule, a disability rating can only be reduced after five years if VA obtains medical evidence indicating the veteran’s condition is substantially improving over time on a sustained basis.
VA Disability 20-Year Rule: Continuous Ratings
Service-connected conditions rated at or above a certain disability rating for 20 years or more are considered continuous. According to the VA 20-year rule, VA cannot reduce a continuous rating below its original disability rating unless the rating was based on fraud.
Permanent and Total (P&T) Disability Ratings
VA grants Permanent and Total (P&T) disability to veterans whose service-connected conditions are considered total (rated 100 percent disabling) and permanent (zero or close to zero chance of improvement). If VA determines a veteran’s condition is permanent and total, they are protected from reduction and will continue to receive disability compensation at a 100 percent rate for the remainder of their life.
Veterans Over Age 55
Veterans who are over the age of 55 are protected from VA rating reevaluations in many situations. This, however, is a case-by-case determination.
Comentarios