Preservation of disability ratings

  1. Law
  2. USC 38
  3. Veterans' Benefits
  4. GENERAL PROVISIONS
  5. GENERAL
  6. Preservation of disability ratings

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§110. Preservation of disability ratings

A rating of total disability or permanent total disability which has been made for compensation, pension, or insurance purposes under laws administered by the Secretary, and which has been continuously in force for twenty or more years, shall not be reduced thereafter, except upon a showing that such rating was based on fraud. A disability which has been continuously rated at or above evaluation for twenty or more years for compensation purposes under laws administered by the Secretary shall not thereafter be rated at less than such evaluation, except upon a showing that such rating was based on fraud. The mentioned period shall be computed from the date determined by the Secretary as the date on which the status commenced for rating purposes.

( Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1113 ; Pub. L. 87–825, §6, Oct. 15, 1962, 76 Stat. 950 ; Pub. L. 88–445, §1(a), (b), Aug. 19, 1964, 78 Stat. 464 ; Pub. L. 91–32, June 23, 1969, 83 Stat. 38 ; Pub. L. 102–83, §4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405 .)

Amendments

1991-Pub. L. 102–83 substituted "Secretary" for "Administrator" and substituted "administered by the Secretary" for "administered by the Veterans' Administration" in two places.

1969-Pub. L. 91–32 substituted "evaluation" for "percentage" wherever appearing.

1964-Pub. L. 88–445 substituted "Preservation of disability ratings" for "Preservation of total disability ratings" in section catchline, and inserted sentence directing that a disability which has been continuously rated at or above any percentage for twenty or more years for compensation purposes shall not thereafter be rated at less than such percentage, except upon a showing that such rating was based on fraud.

1962-Pub. L. 87–825 provided for computation of the period from the date the Administrator determines as the date the status commenced for rating purposes.

Effective Date of 1969 Amendment

Pub. L. 91–32, June 23, 1969, 83 Stat. 38 , provided in part that the amendment made by that section is effective Aug. 19, 1964.

Effective Date of 1962 Amendment

Pub. L. 87–825, §7, Oct. 15, 1962, 76 Stat. 950 , provided that: "This Act [see Tables for classification] shall take effect on the first day of the second calendar month which begins after the date of enactment of this Act [Oct. 15, 1962], but no payments shall be made by reason of this Act for any period before such effective date. Payments for any period before such effective date shall be made under prior laws and regulations. The provisions of this Act with respect to reductions and discontinuances shall be applicable only where the event requiring such reduction or discontinuance occurs on or after such effective date. If such event occurred before such effective date, action shall be taken pursuant to the prior laws and regulations."


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