Continuous Rating?
Question:
I just received a proposed reduction after having a continuous rating (subject to future exams) for the past 20 years and 5 months. I am aware of the 20 year rule, but are there any exceptions other than fraud where the VA could reduce the rating? I was told they could in special circumstances, but nobody can show me or tell me what those circumstances are.
Jim's Reply:
Most rules apply to benefits that are permanent and total. Since your benefit was rated as temporary with future exams scheduled, longevity rules won't apply.
However...I question how you managed to keep a temporary rating (future exams scheduled) for over 20 years? Since I don't know what the rating is or how old you are, it's tough for me to understand why your ratings wasn't made permanent over all those years?
I'd urge you to speak with a veterans law attorney pretty quickly. That won't cost you anything but some time and we'll be sure that VA isn't making a mistake here. Meet your lawyer here.