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United States Code (Last Updated: May 24, 2014) |
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Title 38. VETERANS’ BENEFITS |
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Part I. GENERAL PROVISIONS |
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Chapter 1. GENERAL |
§ 110. Preservation of disability ratings
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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.
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 Amendment
Pub. L. 91–32,
Pub. L. 87–825, § 7,