To access the menus on this page please perform the following steps. Please switch auto forms mode to off. Hit enter to expand a main menu option Health, Benefits, etc.
To enter and activate the submenu links, hit the down arrow. Get help from Veterans Crisis Line. Enter your search text Button to start search. There is a distinct possibility that a reevaluation could actually result in a reduction of the rating and not in an increase. Veterans on claim should be very careful about requesting reevaluations unless they are absolutely sure that their condition has gotten worse instead of better.
This would also apply to applications for secondary disability, where the primary service-connected disability will also be reevaluated medically. If service connection for disability or cause of death has been in effect 10 or more years, the rating for service connection is guaranteed except for the following: Service connection can be removed if the original grant was based on fraud, or it is clearly shown that the person concerned did not have the requisite service or character of discharge.
Protection against removing service connection does not only require continuation of service-connected status after 10 years. VA must also continue to pay Compensation at the appropriate evaluation for the protected condition as if service connection was not erroneous. However, the disability benefit amount will not be paid due to willful misconduct or alcohol or drug abuse. Service connection for a disability is not severed simply because the bodily siting of a disability, or disability code associated with it, is corrected to more accurately describe the correct disability.
For example disability evaluation for degenerative arthritis under 38 CFR 4. So exactly what does this mean? If for some reason VA decides to reevaluate a claim and finds out that due to not meeting the level of entitlement for service connection for some reason due to misinterpretation of the evidence or lack of corroborating evidence, if this new development occurs before the end of 10 years from the effective date of the claim, the veteran will lose all benefits due under a service connection rating.
In essence, this is sort of a statute of limitations that protects the veteran from losing everything if VA does not challenge the award of service connection prior to 10 years. This Edition provides detailed instructions on how to submit claims for benefits through the Department of Veterans Affairs new intake center and uses the successful "Fully Developed Claim Process" for faster and better decisions. View the Book This section provides downloadable files of the most commonly used VA Forms for senior veterans seeking benefits from the Department of Veterans Affairs.
View the Forms Become a member of the SVSA and help our organization support the needs of senior veterans who served their country in a time of need. Learn more about the benefits of membership. Individuals and services listed on this web site are also not affiliated with VA.
Only individuals of the SVSA and those listed on this site who are accredited by VA may be involved in the preparation, presentation, or prosecution of a claim for veterans benefits. Rating Decisions Are Not Made by Individuals with a Medical Background It is interesting to note that RVSR's are not required to have a medical background, although some of them might be nurses or have served as medics in the service.
The Court held that: "If the medical evidence of record is insufficient, or, in the opinion of the BVA, of doubtful weight or credibility, the BVA is always free to supplement the record by seeking an advisory opinion, ordering a medical examination or citing recognized medical treatises in its decisions that clearly support its ultimate conclusions Schoolchild Protected Ratings Protection of a Scheduled Disability Rating Preservation of disability evaluations — the protection of certain long-standing evaluations from reduction — derives from 38 U.
However, if you have both service-connected and non-service connected disabilities and it is very difficult to determine which condition is causing your symptoms, the VA is required to apply the "benefit of the doubt" rule. The benefit of the doubt rule means that when the VA can't tell which disability is causing your symptoms, they have to assume that your service-connected disability is causing them not your non-service connected disability. This can help you to get a higher rating. You can ask the VA to assign you different ratings for different periods of time while your application was pending.
This is called "staged ratings. If your disability improved, then the VA will also assign a lower rating for the period when your symptoms were lighter. Staged ratings can help you get a higher retroactive benefit payment when it has taken years for your claim to get awarded. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. How the VA rates your disability and sets the amount of veterans disability compensation.
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