Do reduce benefits when a combined evaluation has been in effect for 20 e. Protected not Combined years or more in the case of fraud. Both the individual evaluations and except Evaluations the combined evaluation are protected under , even if erroneously assigned. No rating action is warranted to reduce the erroneous 50 percent Example: combined evaluation to the proper 40 percent combined evaluation in a case where two compensable service-connected (SC) disabilities have been evaluated at 30 percent and 20 percent disabling, respectively, and an improperly assigned combined degree of 50 percent has been in effect for 20 or more years. f. Reduction Protection under the provisions of either or of a total rating or disability and evaluation does not preclude reduction to a hospital rate under . Discontinuance Under 38 CFR 3.552 Continued on next page 8. Protected Evaluations Under 38 CFR 3.951 and 38 CFR 3.952, Continued states that a rating evaluation cannot be reduced g. Protection Public Law (PL) 102-86 Against Rating solely because of a change to the rating schedule subsequent to August 13, Schedule 1991. Changes However, protects rating evaluations under the 1925 rating schedule which were the basis of compensation on April 1, 1946. Evaluations in effect when previous changes to the 1945 rating Note: schedule occurred are protected by not PL 102-86. For more information on the preservation of disability Reference: evaluations after rating schedule changes, see , and . When reviewing a disability evaluation after a change in the rating schedule, h. Reviewing Evaluations determine whether the current evaluation would be continued or decreased After a Rating under the prior schedule. Schedule Change The disability evaluation cannot be reduced unless you can show the Note: to have warranted reduction under the Veteran’s condition improved enough prior schedule.
e. Protected Combined Evaluations Do not reduce benefits when a combined evaluation has been in effect for 20 years or more except in the case of fraud. Both the individual evaluations and the combined evaluation are protected under , even if erroneously assigned. Example: No rating action is warranted to reduce the erroneous 50 percent combined evaluation to the proper 40 percent combined evaluation in a case where two compensable service-connected (SC) disabilities have been evaluated at 30 percent and 20 percent disabling, respectively, and an improperly assigned combined degree of 50 percent has been in effect for 20 or more years. f. Reduction and Discontinuance Under 38 CFR 3.552 Protection under the provisions of either or of a total rating or disability evaluation does not preclude reduction to a hospital rate under . Continued on next page 8. Protected Evaluations Under 38 CFR 3.951 and 38 CFR 3.952, Continued g. Protection Against Rating Schedule Changes Public Law (PL) 102-86 states that a rating evaluation cannot be reduced solely because of a change to the rating schedule subsequent to August 13, 1991. However, protects rating evaluations under the 1925 rating schedule which were the basis of compensation on April 1, 1946. Note: Evaluations in effect when previous changes to the 1945 rating schedule occurred are not protected by PL 102-86. Reference: For more information on the preservation of disability evaluations after rating schedule changes, see , and . h. Reviewing Evaluations After a Rating Schedule Change When reviewing a disability evaluation after a change in the rating schedule, determine whether the current evaluation would be continued or decreased under the prior schedule. Note: The disability evaluation cannot be reduced unless you can show the Veteran’s condition improved enough to have warranted reduction under the prior schedule.