38 C.F.R. § 3.951
Preservation of disability ratings
(a) 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.
(b) A disability which has been continuously rated at or above any evaluation of disability for 20 or more years for compensation purposes under laws administered by the Department of Veterans Affairs will not be reduced to less than such evaluation except upon a showing that such rating was based on fraud. Likewise, a rating of permanent total disability for pension purposes which has been in force for 20 or more years will not be reduced except upon a showing that the rating was based on fraud. The 20-year period will be computed from the effective date of the evaluation to the effective date of reduction of evaluation.
Notes of Decisions
Cited in 34
cases (4 in the last 5 years), 1988–2025 · leading case: Daniel J. Murray v. Eric K. Shinseki, 24 Vet. App. 420 (Vet. App. 2011).
Daniel J. Murray v. Eric K. Shinseki, 24 Vet. App. 420 (Vet. App. 2011). “Murray’s appeal was pending, his 10% disability rating for residuals of a left knee injury under Diagnostic Code 5257 became protected under 38 C.F.R. § 3.951 (b) because it had been in effect for 20 years.”
Colayong v. West, 12 Vet. App. 524 (Vet. App. 1999). “§ 110 and 38 C.F.R. § 3.951 (b) (1998) (providing that a disability that has been rated at or above a certain percentage for 20 or more years may not be reduced except on a showing of fraud).”
Segundo Mariano v. Anthony J. Principi, 17 Vet. App. 305 (Vet. App. 2003). “§ 110 and 38 C.F.R. §§ 3.951 (b) and 4.55(d) (2002).”
Fugere v. Derwinski, 1 Vet. App. 103 (Vet. App. 1990). “(The veteran’s rating could not be reduced below twenty percent because he had been rated at that level or higher for over twenty years; see 38 C.F.R. § 3.951 (1989).) The veteran appealed the rating decision to the BVA which affirmed in a decision dated August 15, 1989.”
Oscar G. Fugere v. Edward J. Derwinski, Sec'y of Vets. Affairs, 972 F.2d 331 (Fed. Cir. 1992). “§ 110 (West 1991) and 38 C.F.R. § 3.951 (1991). 1 Id. In an August 15, 1989 decision, the Board of Veterans Appeals (BVA) affirmed the VA’s decision.”
Baker v. West, 11 Vet. App. 163 (Vet. App. 1998). “The RO not *168 ed that appellant’s rating was protected by 38 C.F.R. § 3.951 , and the symptoms exhibited were no more severe than currently evaluated.”
Kitchens v. Brown, 7 Vet. App. 320 (Vet. App. 1995). “§ 110 ; 38 C.F.R. § 3.951 (b) (1993). In July and August 1982, the RO received two statements related to the appellant’s claim.”
Weggenmann v. Brown, 5 Vet. App. 281 (Vet. App. 1993). “38 C.F.R. § 3.951 (b) (no reduction where disability continuously rated for twenty or more years except upon a showing that such rating was based on fraud).”
Salgado v. Brown, 4 Vet. App. 316 (Vet. App. 1993). “§ 110 (West 1991) and 38 C.F.R. § 3.951 (1992). The BVA ruled against appellant on the ground that he had never elected to receive disability pay in lieu of military retirement pay and, consequently, his 50% rating was not “for compensation purposes” within the meaning of the…”
Tietjen v. United States Vet.'s Admin., 692 F. Supp. 1106 (D. Ariz. 1988). “§ 110 ; 38 C.F.R. § 3.951 (1987) (persons with rating for over twenty years will not have their ratings reduced except upon a showing of fraud).”
181107-1147 (Board of Vet. App. 2021). “§§ 110 , 1159; 38 C.F.R. §§ 3.951 , 4.104, Diagnostic Codes 7007 and 7101.”
13-00 223 (Board of Vet. App. 2017). “The Veterans Court recently held that the changing of Diagnostic Codes based on current evidence of knee arthritis (5010) but no current evidence of the previously rated knee laxity (5257), after that rating had been in effect for over 20 years (and thus protected pursuant to 38…”
— 38 C.F.R. § 3.951(b) — 1 case
Daniel J. Murray v. Eric K. Shinseki, 24 Vet. App. 420 (Vet. App. 2011). “Murray’s appeal was pending, his 10% disability rating for residuals of a left knee injury under Diagnostic Code 5257 became protected under 38 C.F.R. § 3.951 (b) because it had been in effect for 20 years.”
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