Understanding the 55 Year Rule
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- Опубліковано 23 лип 2024
- In this video, attorney Casey Walker discusses the essential aspects of the 55 Year Rule, offering clarity on its implications for veterans. Key chapters include understanding the rule, protections for veterans aged 55 or older, a detailed overview of Regulation 38 CFR 3.327(b)(4), and examples of unusual circumstances that warrant exceptions. Discover how uncommon health conditions, joint replacements, and CPAP alternatives impact veterans' benefits.
Learn more on our website: vadisabilitygroup.com/
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Video Content Breakdown:
00:00:13:02 - Understanding the 55 Year Rule
00:00:46:23 - Protection for Veterans 55 Years or Older
00:01:54:16 - Regulation Overview: 38 CFR 3.327(b)(4)
00:02:25:16 - Examples of Unusual Circumstances
00:03:11:11 - Uncommon Health Conditions
00:03:26:21 - Joint Replacement Considerations
00:03:51:09 - CPAP Alternatives and Implications
00:04:35:08 - Protection for Veterans Over 55
Thank you for clarity on this. There is much misinformation going on regarding the 55-year old VA rule. APTTMHY
Thanks for the positive comment. You are correct, people often confuse the 55-year rule with the 5, 10 and 20 year rules. We have future videos scheduled to be released on those topics as well. Glad the video was helpful!
Thank you for clearing that up. I got my rating when I turned 55, Im now 59. I have a TBI and PTSD. But I've heard they can take benefits away. I'm rated at 80%. I count on this monthly and it stresses me out thinking they may take it away. It actually causes me anxiety. I just don't know if I'm protected. They should just leave us alone.
Thanks for the comment!
As long as your initial decision didn’t say there’s a likelihood of improvement, your evaluations should be protected. You should sleep well.
All the best!
If your condition is static, then you should have nothing to worry about.
Thank u.
You're welcome
Does the cancer have to be service connected ? Appreciate this video
The 55 year rule only applies to service connected conditions. The scopes of the 55 year rule deals with the assigned evaluations. This assumes you have service connection. Hope that helps!
Great info! So im almost 55 just got initial MH rating at 54. Am i safe from future RFE?
You are likely safe. Read the decision and see if they include language stating "there is a likelihood of improvement." The VA must tell you if you have a future exam, which will be stated in the decision letter. Given your age, it's unlikely they would be bringing you back in for a future exam.
Check out this video to assist in determining if your evaluation is permanent/static: ua-cam.com/video/uSjzxDV_qaI/v-deo.html
I am 77 years old, rated 100% P&T for PTSD.
My Effective Date Of Rating (for P&T) was November 1989.
I have never been reduced or removed during that entire time.
I believe my rating is protected but still think that laws may have changed.
What are your thoughts about it ?
At 20+ years with the same evaluation, absent fraud you should have nothing to worry about and are protected.
We would encourage you to not bring attention to yourself to avoid unwanted scrutiny.
All the best!
Thank You 👍
I am 61 years old. Could a veteran reduce my compensation?
As long as your VA evaluation isn’t from cancer or a joint replacement, you are typically safe from being reduced after the age of 55.
You should be good.
I am a veteran that has standing claim the VA and I need help. Could you help me? What are your conditions.
Give our office a call. We will need to review your case.
(844)838-5297
Why to i still have to do an examination at 0% if i am over 55 doe it 4 times already
The VA shouldn't be scheduling an exam if you are at 0%; however, it's in your best interest if you have a 0% as you have nothing to lose and everything to gain.
I am 80 years old and the VA is attempting to sever my 100% service connected disability on June 1, 2024. I should be experiencing this! I have prostate cancer, ischemic cardiac artery disease, and type 2 diabetes all from being exposed to Agent Orange in South Korea in 1969 - 1970. I have been collecting disability benefits for almost 3 years. What can I do to stop this severance absolute NONSENSE??? H James Hulton III Vietnam War Era Veteran North Wales, PA 19454
This situation causes so much stress for Veterans every day. We are sorry you are having to deal with this. I'm assuming they are reducing your prostate cancer, correct? Keep in mind that is strictly required by the regulations. The VA must reassess cancer once the active cancer is removed and/or in remission. It's unfortunate, but it does happen routinely.
Here's actions you can take to mitigate/avoid the potential reduction:
1. Request a local, in-person hearing to discuss the situation. Send the request for the hearing to the evidence intake center. The VA cannot execute the proposed reduction until they give you your due process by scheduling the local, in-person hearing. They will usually schedule a meeting at a nearby VAMC or something. This in-person meeting typically must be requested within 30 days of their letter. The point of the meeting is for you to discuss why you believe the reduction is incorrect.
2. Send them as much information as possible demonstrating you have profound residuals from the prostate cancer. You will send it to the VA evidence intake center. Here's a video discussing the relevant symptoms (ua-cam.com/video/uOfXVB3ROSs/v-deo.htmlsi=DyzmNY-pGQbWlPwS). And here's the regulation discussing the relevant symptoms with voiding frequency and leakage usually being the most important 2 categories: www.law.cornell.edu/cfr/text/38/4.115a
3. Consider filing individual unemployability if you are not working and your conditions limit your ability to work. This is a way to be paid at the 100% rate even if you are technically evaluated at 100%.Here's the link to the form: www.vba.va.gov/pubs/forms/VBA-21-8940-ARE.pdf
4. Consider filing for increases for conditions you have low evaluations for.
5. Consider filing for new conditions you have yet to claim but believe are attributable to your military service or secondary/aggravated by your service connected conditions.
6. File an Intent to File in case you decide to file for additional conditions later this year.
This isn't legal advice, but based on what you stated here, these are some of the more important steps we would consider taking in your position.
We wish you the best!
@@VADisabilityGroup Best exclamation and (not legal) advise and steps I have read regarding my claim, for bladder cancer. I am 100% and have received this for the past 3 1/2 years. I have made it to my appointments 2X's a year. I was diagnosed 5 1/2 yrs ago but didn't realize it a presumptive condition. Really don't know how long the VA will continue my disability payments. I'll be 89 in November. Have 2 tumor removal in this time. Thanks