VA's 5, 10, 20, and 55 Year Rule: Is Your VA Rating Protected?
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- čas přidán 25. 07. 2024
- Tune in to learn about protected VA ratings: VA's 5-year rule, 10-year rule, 20-year rule, and 55-year rule! When veterans have a VA rating for certain lengths of time, or reach a certain age, their rating can be protected from reduction or reevaluation at future C&P exams. Each rule is designed to protect veterans from losing benefits unjustly. We'll also discuss what you can do if you face a rating reduction and how to appeal unfavorable VA decisions.
What Is the VA Disability 5-Year Rule? cck-law.com/blog/what-is-the-...
VA Disability 10-Year Rule: cck-law.com/blog/va-disabilit...
What Is the 55-Year-Old Rule? cck-law.com/blog/what-is-the-...
Is My VA Disability Rating Permanent? cck-law.com/veterans-law/is-m...
Feel free to ask questions, give us feedback, or request new veterans' law topics below! And don't forget to SUBSCRIBE so you won’t miss future videos. Visit our website at cck-law.com or call (888) 559-1385.
0:00 Introduction
0:49 Lost or Reduced VA Ratings: VA Reevaluation Timeline
1:33 VA Disability 5 Year Rule
2:04 VA Disability 10 Year Rule
2:23 VA Disability 10 Year Rule
3:25 Quick Summary of Protected Ratings
4:15 How to Get Protected VA Ratings
4:34 What to Do If VA Reduces Your Rating
Thanks for tuning in! We hope this provided a quick but thorough summary of VA rating protections. Check the description for more detailed info!
Given how poorly vets are treated I'm a bit shocked anyone volunteers to serve anymore. It isn't right, they deserve so much better.
Thanks for the info😊
A couple of things I wished you had mentioned. The VA's own OIG has slammed the VA in 2018 and again in 2023 for scheduling re-examinations in violation of their own 5/10/20/55 policies that you covered. The question is, does the veteran have legal standing to fight a potential reduction if the reduction is based on one of these re-examinations.
It happened to me. I simply asked for a hearing and invoked the 55 year "rule". I pointed out that the VBA had to use the " clear and convincing" standard of proof. Which itself requires a hearing. Took 8 months. Got dismissed for lack of any clear need or convincing evidence. Their words. ALWAYS require a hearing based solely on the rule you believe another C'n'P violates...😊
@@radfordsmith2773 Glad it worked out for you Sir.
@@radfordsmith2773thats good info, thanks for sharing
Thanks for this information, you guys told me things I didn't even know about VA disability
Thanks for your kind words! We’re glad that we’re able provide information that can help our Veterans. Have a great day!
It seems the 5 year rule should start from the date a retroactive payment is calculated since the conditon was recognized at that point in time at that percentage level.
Kinda reminds me of va math.
The effective date is when the rules begin
With the new VA Claim Evaluations updated do these rules still apply?
Ive been rated 100 percent since 2016.
And recently made P&T in 2022....is it now 20years from 2022 to be protected?
Or is it 20 years from 2016?
If you can clear that up that would be great, alot of veterans are hearing different information.
Thank you
2022 i believe
No,no,no...100% even if not P/T is protected after 20 years from the 100% award. P/T is a status which only can come into question when fraud is alleged. Once P/T attaches a significant amount of reviews have already taken place. To rescind that fraud or a "clear and convincing " amount of evidence must be IN THE RECORD. So....Did you put it in ? No , so it really can't happen unless someone claims fraud and snitches !!!
Is Permanent and Total protected from the jump?
No! Don't let them fool you by saying that.
Whatever you do, don’t apply for anything else because they can mess with your file. You should be ok though
@@Jesus4me2011 Yup! Don't poke the bear if you don't have to.
I’m 100% Total and Perm and called the VA to ask if I needed to register with them and have periodic checks and they flat out told me “No.” They said as long as I was 100% Total and Perm I did not need to register or have periodic checks. The woman told me I was welcome to register and see the VA because it was a benefit, but I was under no obligation to do so. She said it would not impact my disability rating, which was 100% T&P upon retirement from the AF.
@@ChrisGenXerdid you mean to get seen annually by your PCM?
If you file a PACT act claim will they reevaluate your current ratings?
They are only supposed to reevaluate anything that the new claim can be tied to. So if you've only claimed PTSD and sleep apnea but now you're going to claim a torn rotator cuff you should be ok because it is not a secondary condition to the other two.
What if you just never show up to be reevaluated?