Veterans Disability Attorney Jim Fausone joins us for another episode of 4 Minutes With LHFV. This week, we will discuss what Stabilized VA Ratings are and how VA can reduce your rating; a Veterans Radio podcast featuring Dr. Kath Bogie on their invention of 3D printed wheelchair cushions and even smart bandages; and a featured story from Home of Heroes on Henry “Red” Erwin’s heroic Medal of Honor actions.
What Are Stabilized VA Ratings?
VA considers any rating that has continued at the same level for five years or more is a stabilized rating. It does not matter if it is a 10% or 100% rating. This means that VA cannot rely on a single C&P examination as a basis to reduce a rating that has been in effect for five years or more. Of course, there is a set of rules in place when it comes to a stabilized and protected VA rating.
5 Year Rule
The five-year rule says that VA cannot reduce a veteran’s disability that has been in place for five years unless the condition improved over time on a sustained basis. The veteran will need to present medical evidence to prove the improvement of their condition.
10 Year Rule
The 10-year rule works a little differently than the others. In this case, the VA cannot eliminate a rating that has been in place for ten years or more. However, VA can reduce the rating if they have medical evidence that the condition improved. There is an exception to this rule if VA finds out the original disability rating was based on fraud.
20 Year Rule
If your service-connected disability has been rated at or above a certain percentage for 20 years or more, the VA is prohibited from reducing the rating below that level. Like the 10-year rule, there is an exception to this rule if VA finds out the original disability rating was based on fraud.
Veterans Radio – Dr. Kath Bogie
Veterans Radio had the pleasure of interviewing Dr. Kath Bogie, a biomedical engineer, and researcher at the Cleveland VA Medical Center and Case Western Reserve University. Dr. Bogie’s focus has been on spinal cord injury research and problem solving for patients and clinicians.
Her team’s most recent breakthrough came from the use of 3D printers to construct high-quality, yet affordable wheelchair cushions that provided effective pressure relief. Dr. Bogie also mentions their medical device called ExciFlex, a low-cost smart bandage that decreases wound size and improves outcomes of the individual. Oh yeah, these inventions? They were developed using VA and Department of Defense funds. Hear Dr. Kath Bogie talk about smart bandages and other wound research issues with host Jim Fausone.
Home of Heroes – Henry “Red” Erwin MOH
Much like the story of John Levitow, this week’s featured story is of exceptional heroism in the face of grave danger. On April 12, 1945, the City of Los Angeles was the lead B-29 in the 52nd Bombardment Squadron’s attack on Koriyama, Japan during World War II.
“Ready?” Captain Simeral inquired into the intercom. In the belly of the bomber, Sergeant Henry “Red” Erwin was ready. At the right moment, Erwin would drop the market – a 20-pound white phosphorus canister with a six-second fuse – through a tube near the bomb bay.
“Now, Sergeant!” He heard the Captain say. Quickly, Erwin positioned the canister in its narrow chute, pulled the pin, and let it drop into the skies over Japan. Except it didn’t!
In a blinding explosion, Henry Erwin felt his nose literally melt from his face, something had gone wrong. In a split second, Red tucked the flaming canister under his arm, hauled it to the opened window, and tossed it into the wind before collapsing to the floor in flames.
Sometimes it takes far more courage to live than to give up and die. Henry Erwin went through 43 operations before he was finally discharged from the Army in 1947. By that time, the smells of burned flesh and hospital disinfectant had come to symbolize unspeakable pain for him. Yet, with incredible courage, Red Erwin went on to the Veterans’ Administration to work with burn patients.
Read Henry “Red” Erwin’s Full Medal of Honor story.
Legal Help For Veterans, PLLC
If the VA is trying to reduce your protected or stabilized rating, contact Legal Help For Veterans, PLLC. Call our office today to speak with one of our dedicated Claims Developers or fill out our Free Claim Evaluation form online.
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