3 Responses to BVA—§1154(B) COMBAT VET WINS AFTER AMC DENIAL

1. asknod says:

   February 18, 2012 at 10:57

   The phrase means that if you didn’t cheat to get the money and you are eligible, you get the samoles. Think of a Veteran trying to game this system by collecting a VA pension and also trying to collect SSD. It’s one or the other, but not both.

   There are several different wayposts on the way to a protected rating. The first is the five year point which is a stabilized rating. If there has been no improvement, the rating is considered static and not expected to improve. At ten years, 100% ratings grant protection for DIC . Twenty years grants protection from any disturbance of your rating-period (assuming no fraud was employed to obtain it in the first instance). If you are increased from 40% to 100% in your 7th year, that begins a new 20 year cycle. However, after 20 years the original 40% is protected from date of issuance. VA rarely will disturb a static rating unless several examinations reveal a documented improvement in the disease/injury. They are not allowed to reduce a rating based on a single exam. Similarly, they are not allowed to do this unless, or until, you have been granted a hearing if you demand one. Failure to show up for your exam will be cause to hold the dough back until you do.

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2. Kiedove says:

   February 18, 2012 at 09:30

   Personal screen-reading accessibility note: It’s hard for me to read the tiny font size of these rulings. To make reading easier in my browser (Google’s Chrome), I open the text file link, go to the wrench icon, scroll to zoom and pick a larger setting. In Internet Explorer, open the file, and click the round gear (tools) icon and go to zoom.

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3. Robert G says:

   February 18, 2012 at 08:09

   There is some justice for some… What does “subject to the regulations governing the payment of monetary awards” mean in VA speak? I hope this veteran gets off the dope. ALSO does the 20 year rule apply to HCV and reevaluations?

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