Va Rating Over 5 Years

The 5 year rule is for a condition that has been static for that amount of time and is considered to be permanent.

Va rating over 5 years. If the rating has. If youre a Veteran with a 30 disability rating and you have a dependent spouse no dependent parents or children your monthly basic rate would be 49335 each month. What the VA Does During A Re-examination for PTSD. Not all types of service.

Here are some of the main rules you should know. There are several types of protected ratings including the following. A service connected disability rating cannot be terminated if it has been in effect for 10 years. The five-year rule states that the VA cant reduce a veterans disability thats been in place for five years unless the condition improved overtime on a sustained basis.

If the rating has been in effect for 5 years it cannot be reduced unless your condition has improved on a. Post May 01 2015 1 2015-05-01T1452. A rating is not protected until it has been held for 20 years unless fraud is involved. VA cannot use just one re-examination to show sustained improvement.

Hi Hope you can help me with VA Disability rating which I just received. Following initial Department of Veterans Affairs examination or any scheduled future or other examination reexamination if in order will be scheduled within not less than 2 years nor more than 5 years within the judgment of the rating board unless another time period is elsewhere specified. The VA disability 5 year rule allows the VA to ex-examine your VA disability rating within 5 years of your initial examination if your condition is expected to improve over time. You have a stabilized rating 5 years or more.

Sustained improvement means the disability has not temporarily improved and the improvement will be maintained under the ordinary conditions of life such as at work. The VA must follow certain procedures in notifying you of the exam and scheduling a pre-reduction hearing. 5 Years or More. If you still have questions about your case schedule an appointment with one of our VA disability attorneys.

Protected VA Disability Ratings 5-year rule. The VA can reduce unprotected ratings which are those that are less than 100 ratings or ratings that have existed for less than 5 years. As gmurphy pointed out. Any rating evaluation that has been continued at the same level for five years or more may not be reduced unless all the evidence of record shows sustained improvement in the disability.

Any rating that has remained at the same level for five years or longer is considered stabilized. Example Veteran with no children. I am a SEAL CDR and a reserve SOCOM unit. VA 100 rating for 5 years.

If the Veterans Administration decides that your PTSD requires future re-evaluation you will normally be scheduled within 2 to 5 years from the date of their decision to grant disability benefits. I have a 8 years active and 17 years reserve for a total of 25 good years. 2 No periodic future examinations will be requested. In addition to the 20-year rule the VA has other guidelines in place for protected ratings.

This is your monthly basic rate. Any rating that has remained at the same level for 5 years or longer is considered stabilized In order to reevaluate stabilized ratings VA must show sustained improvement. A protected rating is a VA disability rating that cannot be reduced or revoked by VA in the future. Why does the VA re-examine VA disability ratings.

Even for an unprotected ratingone which is less than 100 and has been in effect for less than 5 years the VA must review all of the evidence and not reduce merely on the strength of an exam which is not thorough and supported by the evidence. Also there is a 10 year rule for DIC purposes for the spouse.