BVA–MISSED IT BY THAT MUCH


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Missed it by 96 days, sir.
Nobody told me.

VA has the ugly habit of taking back with the left hand that which they shook hands on with the right. Our Johnny Vet out of Houston here, had a little problem. He got the VA notice of “We’re taking it all back, hoss” about two years after he got it all. Somehow this doesn’t surprise us here. The law is dispositive on this. Once the magic ten years is past, your rating is inviolate. Granted, VA began their retraction procedures in August 2010-within the window to legally divest Johnboy. However, they dawdled too long and didn’t get around to it until June 21, 2011. Johnny was golden at 0001 Hours on March 15, 2011-96 days previously.

This further  illustrates why they teach basic mathematics now at ASPIRE training in Baltimore. A rater’s got to know his limitations. Seems with all the fancy computer doodads now, the old M-21 alarm would go off and scream “Danger! Danger! Protected rating date approaching!”

Under VA law and regulations, service connection for any disability that has been in effect for 10 or more years will not be severed except upon a showing that the original grant was based on fraud or that military records show a lack of the required service or character of discharge (38 U.S.C.A. § 1159; 38 C.F.R. § 3.957). The 10 year period is computed from the effective date of the finding of service connection to the effective date severing service connection. The Court of Appeals for Veterans’ Claims (Court) held that this same protection from severance applies to awards of Section 1151 compensation. Hornick v. Shinseki, 24 Vet. App. 50, 56 (2010) (holding that the Section 1159 protection from severance of awards of “service connection” in effect for 10 or more years also extends to awards of compensation under Section 1151 that have been in effect for 10 or more years).

ROBBIE

About asknod

VA claims blogger
This entry was posted in 1151 claims, BvA HCV decisions, Tips and Tricks and tagged , , , , , , , , , , , , . Bookmark the permalink.

1 Response to BVA–MISSED IT BY THAT MUCH

  1. Randy says:

    Total BS once again. Unless you suddenly are able to truly turn back the hands of time and all of your illnesses gone away then they should keep their hands to themselves.

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