A disability which has been continuously rated at or above any evaluation of disability for 20 or more years for compensation purposes under laws administered by the Department of Veterans Affairs will not be reduced to less than such evaluation except upon a showing that such rating was based on fraud. In addition, a rating of permanent total disability for pension purposes which has been in force for 20 or more years will not be reduced except upon a showing that the rating was based on fraud. The 20-year period will be computed from the effective date of the evaluation to the effective date of reduction of evaluation.
Types of Disability Ratings
The VA designates a rating to all disability claimants. The rating depends on how the service-related disability affects the Veteran’s ability to maintain gainful employment. It is not necessarily based on the severity of the disability, but rather the degree to which it affects the claimant’s ability to work.
In the eyes of the VA, not all service-related disabilities are necessarily permanent. Since your disability condition can worsen or improve over time, the VA will conduct re-examinations for your disability rating. The VA also may also require you to attend periodic health examinations and submit the results so they can reduce your rating if you are indeed getting better. Some ratings, however, can become protected from reduction or revocation.
Stabilized Ratings (5 Year Rule): A disability that hasn’t shown any sign of improvement in a 5 year span is considered stabilized. After that, VA is unable to reduce or revoke your rating based on a single C&P exam. VA must instead provide evidence of sustained improvement to your condition.
10 Year Rule: This rule stipulates that VA cannot entirely revoke your rating for a condition that you have had for a sustained period of 10 years. It is possible for VA to reduce the rating, however, based on evidence gathered from C&P exams.
Continuous Ratings (20 Year Rule): a condition that hasn’t improved for a sustained period of 20 years is considered continuous, meaning VA is unable to revoke your rating or reduce it below the originally assigned rating.
Every veteran’s situation is unique, and the circumstances of your individual case will determine what disability rating VA is willing to award you. It is useful to understand the rules by which VA makes decisions, but there are plenty of exceptions to them all, and it is best to be prepared to show that you deserve the disability compensation that you seek.
留言