b. Limits of The protection of pension entitlement under does not extend to Special Protection Monthly Pension (SMP). 4. Protection and Rating Schedule Changes This topic includes information about protection and rating schedule changes Introduction including protection against rating schedule changes under 38 CFR 3.951(a) protection against rating scheduled changes under 38 CFR 3.952, and reviewing evaluations after a rating schedule change. April 22, 2015 Change Date a. Protection states that a rating evaluation cannot be reduced solely because of PL 102-86 Against Rating a change to the rating schedule subsequent to August 13, 1991. provides that Schedule a readjustment to the Schedule for Rating Disabilities shall not be grounds for Changes Under reduction of a disability rating in effect on the date of the readjustment unless 38 CFR medical evidence establishes that the disability to be evaluated has actually 3.951(a) improved. For more information on the preservation of disability Reference: evaluations rating schedule changes, see , and . b. Protection protects rating evaluations under the 1925 rating schedule that were the basis Against Rating of compensation on April 1, 1946. Schedule Changes Under Evaluations in effect when previous changes to the 1945 rating Note: 38 CFR 3.952 schedule occurred are protected by Therefore, evaluations not PL 102-86. assigned to August 13, 1991, could be reduced solely based on a change to the rating schedule, as provided by unless they had been in existence for 20 years or more. c. Reviewing When reviewing a disability evaluation after a change in the rating schedule, Evaluations determine whether the current evaluation would be continued or decreased After a Rating under the prior schedule. Schedule Change
b. Limits of Protection The protection of pension entitlement under does not extend to Special Monthly Pension (SMP). 4. Protection and Rating Schedule Changes Introduction This topic includes information about protection and rating schedule changes including protection against rating schedule changes under 38 CFR 3.951(a) protection against rating scheduled changes under 38 CFR 3.952, and reviewing evaluations after a rating schedule change. Change Date April 22, 2015 a. Protection Against Rating Schedule Changes Under 38 CFR 3.951(a) 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. provides that a readjustment to the Schedule for Rating Disabilities shall not be grounds for reduction of a disability rating in effect on the date of the readjustment unless medical evidence establishes that the disability to be evaluated has actually improved. Reference: For more information on the preservation of disability evaluations rating schedule changes, see , and . b. Protection Against Rating Schedule Changes Under 38 CFR 3.952 protects rating evaluations under the 1925 rating schedule that 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. Therefore, evaluations assigned to August 13, 1991, could be reduced solely based on a change to the rating schedule, as provided by unless they had been in existence for 20 years or more. c. 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.
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