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125. What Is The 20-year Rule Concerning The Protection Of My Rating?


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#1 Tbird

 
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Posted 24 November 2005 - 08:10 AM

125. What is the 20-year rule concerning the protection of my rating?

Protected Evaluations Under 38 CFR 3.951 and 3.952. Care must be exercised to avoid violation of the protective provisions of 38 CFR 3.951 and 3.952. Measure the 20-year period of 38 CFR 3.951(B) from the earliest effective date of the combined or individual evaluation(s). For purposes of determining whether benefits were received for a continuous period of 20 years, include periods during which recoupment or deduction applied to an award. If a retroactive increase under 38 CFR 3.105(a) results in a veteran having been rated for 20 years or longer at a certain level, that evaluation is protected under 38 CFR 3.951(B) and may not be reduced in the absence of a showing of fraud. A veteran who renounces entitlement to disability benefits will not accrue protection under 38 U.S.C. 110 and 38 CFR 3.951(B). Ratings for other than compensation purposes (ancillary benefits) do not accrue protection under 38 U.S.C. 110 and 38 CFR 3.951(B). Protection under the provisions of either 38 CFR 3.951 or 3.952 of a total rating or disability evaluation(s) does not preclude reduction to a hospital rate under 38 CFR 3.552 or discontinuance of compensation under 38 CFR 3.557.

Source: M21-1 Part VI Change 95 Veterans Affairs Manual CHAPTER 9. DUE PROCESS: PROPOSED REDUCTION, SEVERANCE OF SERVICE CONNECTION, AND INCOMPETENCY DETERMINATIONS
http://www.warms.vba.../part6/ch09.doc

Law Links:
38 CFR 3.951 http://frwebgate.acc...=TEXT&YEAR=2004 and 3.952 http://frwebgate.acc...=TEXT&YEAR=2004

38 CFR 3.105(a) http://frwebgate.acc...=TEXT&YEAR=2004

38 U.S.C. 110 http://frwebgate4.ac...action=retrieve

38 U.S.C. 110 http://frwebgate5.ac...action=retrieve

38 CFR 3.557 http://frwebgate.acc...=TEXT&YEAR=2004

#2 jriverman

 
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Posted 25 November 2005 - 01:40 AM

Okay, now the age old question of "if you are TDIU for over twenty years is it protected, and can you work"?
Riverman

#3 wallyg

 
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Posted 25 November 2005 - 07:07 PM

NO!

That would constitute fraud, and the 20 year rule would NOT cover that.

TDIU means you cannot work, gainfully, under any circumstances, without notifying VA, and thereby losing TDIU.


THAT IS THE LEGAL ANSWER.

Edited by wallyg, 25 November 2005 - 07:08 PM.