VA’s 10-Year Rule Secures Disability Connection, but Not Ratings
Disability Ratings Can Be Reduced After Thorough Review and Evidence
According to MARCA, the U.S. Department of (VA) has a key regulation called the 10-Year Rule to help veterans keep their disability benefits. According to this rule if the VA has granted a service connection for a disability and it has been in place for at least ten years the VA cannot remove this connection unless there is proof of fraud. This ten-year period starts from the effective date of the original grant. This rule gives veterans assurance that their benefits are secure after ten years unless it is found that fraud was involved when the benefits were first granted.
However the 10-Year Rule only protects the service connection, not the disability rating itself. The disability rating shows how severe a veteran’s condition is and can be lowered if the veteran’s health improves significantly. Ratings are more secure after twenty years of being in place. To lower a rating, the VA must thoroughly review the veteran’s medical records and prove that there has been a real and significant improvement in the veteran’s ability to function in daily life. Veterans can challenge the reduction by requesting a hearing and submitting new evidence.
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Strict VA Process Protects Veterans’ Rights in Rating Reduction Cases
The Veterans Affairs must follow a strict process before finalizing any rating reductions. Veterans are notified of the proposed reduction and have 30 days to request a hearing and 60 days to provide new evidence. The decision to reduce the rating cannot be finalized until all evidence is reviewed and the hearing, if requested is conducted. This structured process ensures that veterans have ample opportunity to protect their benefits and address any changes in their disability rating.