What Is The Va 10 Year Rule

The VA cant reduce your disability if it has been paid for five years unless the condition has improved and is shown to remain so.

What is the va 10 year rule. If the Veterans eligibility was due to a service-connected disability rated as totally disabling they must have had this rating. DAV is fighting for changes to the Dependency and Indemnity Compensation DIC benefit for veterans eligible survivors encouraging lawmakers to update the current 10-year rule. For at least 10 years before their death or. You may qualify for this benefit.

VA can reduce a total rating that is a rating of 100 only if there is material improvement in the veterans condition. The protective provisions of 38 USC. The Veteran had a VA disability rating of totally disabling including for individual unemployability for at least the 8 full years leading up to their death and. New legislation could reduce 10-year rule for dependent compensation.

In addition to the general rating reduction rules VA must provide evidence that your condition has improved such that there has been an observable change in your ability to function under the conditions of daily life. B Compensation cases - 1 Scheduling reexaminations. An evaluation for compensation purposes that has been continuously in effect for 20 or more years is protected whether or not the Veteran elects to receive the compensation. You were married to the Veteran for those same 8 years.

If this description is true. Since their release from active duty and for at least 5 years immediately before their death or. 1990 which DAV fully supports. 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.

In this case the VA cannot eliminate a rating thats been in place for ten years or more. However they can reduce the rating if they have medical evidence that the medical condition improves. If the rating has been in effect for 20 years it cannot be reduced below the lowest rating it has held for the previous 20 years. The sole exception is if the VA can prove fraud in which case the VA can terminate the benefits.

The only exception is if the VA can prove fraud. For example if a veteran was granted service connection for a low back injury effective October 20 1980 and the VA issued a decision dated August 29 2018 attempting to sever service connection the VA would have to abide by the ten-year rule above. However the VA may still change your disability rating past the 5-year deadline if your condition has significantly improved. 110 and 38 CFR 3951b do not require a concurrent award of monetary benefits.

Added monthly amount in US. 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. As with the 20-year rule there is an exception to this rule if the VA finds out that the original disability rating was based on fraud. Assignment of a prestabilization rating requires reexamination within the second 6 months period following separation from service.

Protection in the Absence of a Monetary Award. A service connected disability rating cannot be terminated if it has been in effect for 10 years. Basically the 10 year Rule is that once you have been rated Continuously for 10 Years for a Disabilitythe VA can NOT take that rating away. Since gmurphy already addressed the DIC questionI will just address your 10 Year Rule and 20 Year Rule question.

The 10-year rule functions a bit differently than the other rules. DIC is a tax-free monetary benefit paid to eligible survivors of military service members who died in the line of duty or eligible survivors of. A similar rule the 10-Year Rule says a condition cannot be reduced after being compensated for a full decade unless there is medical evidence of improvement of the condition.