What Is The 10-Year Rule For Veterans Benefits?
What is the 10-Year Rule for Veterans Benefits?
The Department of Veterans Affairs (VA) offers many benefits for those who have served our country. To protect the veterans who receive benefits, the VA has a 10-year rule in place. What this means is that once the VA has granted a service connection for a disability, the VA cannot terminate this connection once it has been in place for at least 10 years. The only exception would be evidence of fraud.
This rule is in place to protect veterans from the sudden termination of their disability benefits. The 10-year period starts from the effective date of the original service connection grant.
The VA awards monthly benefits to injured veterans. The VA evaluates the degree of the injury and assigns a rating percentage. While some conditions improve over time, the VA performs periodic reexaminations to monitor the veteran’s condition. Once it has been determined that the veteran’s condition is stable or permanent, these check-ups are no longer needed.
The 10-year rule provides essential peace of mind for veterans who rely on these benefits. The rule ensures that the VA cannot revoke the service connection for a condition once it has been established for a decade. Even if new evidence comes about, the service connection remains intact unless it can be determined that there was fraud involved.
However, keep in mind that while the VA cannot sever the service connection, they can recommend a reduction. That’s because the rating assigned to the disability does not receive the same protection as the service connection until it has been in place for 20 years. So if there is a substantial improvement in the veteran’s condition, the VA does have the ability to reduce the rating.
However, reducing the rating does not happen overnight. First the VA must first propose the reduction based on a comprehensive review of the veteran’s entire medical history. The veteran must go through exams in order for the VA to gather the evidence it needs to justify the reduction. VA regulations require a clear and material improvement in the veteran’s ability to function in daily life in order for the rating to be reduced.
Also, the veterans will be notified of the reduced rating before it happens. The VA is required to notify the veteran and provide an opportunity to contest the decision. The veteran has 30 days to request a hearing and 60 days to submit new evidence against the proposed reduction.
If a hearing is requested, the VA cannot finalize the rating reduction until the hearing is conducted and all new evidence is reviewed. If the VA decides to proceed with the reduction, it will take effect 60 days after the veteran receives the final notice.
Learn More About Veterans Benefits
The 10-year rule gives veterans some peace of mind in an uncertain world.
If you are worried about your benefits being reduced or terminated, contact a White Plains veterans disability benefits lawyer from The Law Office of Michael Lawrence Varon. We can help you understand your benefits. Call 914-294-2145 or fill out the online form to schedule a consultation.
Source:
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