38 C.F.R. § 3.957
Service connection
Service connection for any disability or death granted or continued under title 38 U.S.C., which has been in effect for 10 or more years will not be severed except upon a showing that the original grant was based on fraud or it is clearly shown from military records that the person concerned did not have the requisite service or character of discharge. The 10-year period will be computed from the effective date of the Department of Veterans Affairs finding of service connection to the effective date of the rating decision severing service connection, after compliance with § 3.105(d). The protection afforded in this section extends to claims for dependency and indemnity compensation or death compensation.
Notes of Decisions
Cited in 12
cases (1 in the last 5 years), 1991–2023 · leading case: Keith A. Roberts v. Eric K. Shinseki, 23 Vet. App. 416 (Vet. App. 2010).
Keith A. Roberts v. Eric K. Shinseki, 23 Vet. App. 416 (Vet. App. 2010). “§ 1159 and 38 C.F.R. § 3.957 . The Board noted that a protected award of service connection cannot be severed "except upon a showing that the original grant was based on fraud or it is clearly shown from military records that the person concerned did not have the requisite…”
Segundo Mariano v. Anthony J. Principi, 17 Vet. App. 305 (Vet. App. 2003). “§ 1159 and 38 C.F.R. § 3.957 (2002). Second, the BVA did not consider whether, based on the period between the March 1973 attribution of the 10% rating to MG IV and the October 1999 apparent change in attribution of that 10% rating to MG I, the appellant has a protected 10%…”
Roberts v. Dept. Of Vets. Affairs, 647 F.3d 1334 (Fed. Cir. 2011). “See 38 C.F.R. § 3.957 (benefits in effect for more than 10 years “will not be severed except upon a showing that the original grant was based on fraud .”
Viola M. Stoll, Claimant-Appellant v. R. James Nicholson, Sec'y of Vets. Affairs, 401 F.3d 1375 (Fed. Cir. 2005). “§ 1159 3 and 38 C.F.R. § 3.957 4 . According to her interpretation of that statute and regulation, as of March 2004, Mr.”
Donovan v. Gober, 10 Vet. App. 404 (Vet. App. 1997). “38 C.F.R. § 3.957 (1996); see 38 U.S.C. § 1159 (service-connection award in effect for 10 years cannot be severed "except upon a showing that the original grant of service connection was based on fraud or it is clearly shown from military records that the person concerned did…”
Graves v. Brown, 6 Vet. App. 166 (Vet. App. 1994). “105 (d); and (3) fraud, pursuant to 38 C.F.R. § 3.957 (1993). In its decision severing service connection, the Board of Veterans’ Appeals (BVA) concluded that the October 1986 Regional Office (RO) determination granting service connection was predicated upon CUE.”
Lozano v. Derwinski, 1 Vet. App. 184 (Vet. App. 1991). “957 (1990), which protects grants of service connection once they have been in effect over ten years and specifies that “[t]he 10-year period will be computed from the effective date of the Department of Veterans Affairs finding of service connection to the effective date of the…”
07-31 016 (Board of Vet. App. 2012). “§ 1159 (West 2002); 38 C.F.R. § 3.957 (2011). II. Factual Background The Veteran seeks service connection for a bilateral shoulder disability and a right hip disability.”
200227-71176 (Board of Vet. App. 2020). “Initially, based on the effective dates of service connection and severance, the Board observes that service connection was not in effect for 10 years or more to warrant the protection of 38 C.F.R. § 3.957 . A November 2011 rating decision proposed to sever service connection…”
Fermin v. McDonough (Fed. Cir. 2023). “§§ 110 , 7112 and 38 C.F.R. § 3.957 . See Appellant’s Informal Opening Br.”
Stoll v. Nicholson (Fed. Cir. 2005). “4 38 C.F.R. § 3.957 provides as follows: Service connection for any disability or death granted or continued under title 38, United States Code, which has been in effect for 10 or more years will not be severed except upon a showing that the original grant was based on fraud or…”
Roberts v. Dept. Of Vets. Affairs (Fed. Cir. 2011). “See 38 C.F.R. § 3.957 (benefits in effect for more than 10 years “will not be severed except upon a showing that the original grant was based on fraud .”
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