38 U.S.C. § 1159
Protection of service connection
Service connection for any disability or death granted under this title which has been in force for ten or more years shall not be severed on or after
Notes of Decisions
Cited in 20
cases (1 in the last 5 years), 1993–2021 · leading case: David L. Hornick v. Eric K. Shinseki, 24 Vet. App. 50 (Vet. App. 2010).
David L. Hornick v. Eric K. Shinseki, 24 Vet. App. 50 (Vet. App. 2010). “Hornick seeks reversal, arguing, inter alia, that VA erred in severing his award of section 1151 compensation benefits because, under 38 U.S.C. § 1159 , that award was protected because it had been in force for more than ten years.”
Reald v. Shinseki, 651 F.3d 1296 (Fed. Cir. 2011). “Read (“Read”) appeals from the decision of the United States Court of Appeals for Veterans Claims (“Veterans Court”), holding that a 2007 Board of Veterans’ Appeals (“Board”) decision changing the situs of Read’s disability from one Muscle Group to another was not a severance of…”
Keith A. Roberts v. Eric K. Shinseki, 23 Vet. App. 416 (Vet. App. 2010). “Roberts' award of service connection for PTSD had an effective date of July 16, 1992, and thus, had been in effect for more than 10 years before the November 2004 RO decision, the award was potentially qualified for protection under 38 U.S.C. § 1159 and 38 C.F.R. § 3.957 . The…”
Segundo Mariano v. Anthony J. Principi, 17 Vet. App. 305 (Vet. App. 2003). “First, the Board did not consider whether the award of service connection for MG IV is protected because it has been in effect for more than 26 years, far longer than the 10 years required in order for service connection to be protected under 38 U.S.C. § 1159 and 38 C.F.R. §…”
John M. Ferenc v. R. James Nicholson, 20 Vet. App. 58 (Vet. App. 2006). “38 U.S.C. § 1159 . The term “service-connected” is defined by statute as, “with respect to disability or death, .”
Donovan v. Gober, 10 Vet. App. 404 (Vet. App. 1997). “That subsection, which cites 38 U.S.C. § 1159 for its authority, provides: Service connection for any disability or death granted or continued under title 38 U.”
Gifford v. Brown, 6 Vet. App. 269 (Vet. App. 1994). “50-91, which held that 38 U.S.C. § 1159 did not prohibit the VA from redesignating an existing service-connected disability rating to reflect accurately the actual situs of an injury or disability, provided the redesignation does not result in a severance of service connection…”
Johnson v. Brown, 8 Vet. App. 423 (Vet. App. 1995). “A March 1978 RO decision determined that the veteran showed no evidence of bronchial asthma “at this time” and that his “service[-]connected bronchial asthma condition is protected by the operation of law”, see 38 U.S.C. § 1159 (service connection “which has been in force for…”
Viola M. Stoll, Claimant-Appellant v. R. James Nicholson, Sec'y of Vets. Affairs, 401 F.3d 1375 (Fed. Cir. 2005). “Finally, Stoll argues that the Veterans’ Court’s interpretation of § 1103(a) is inconsistent with 38 U.S.C. § 1159 3 and 38 C.F.R. § 3.957 4 .”
Bruce v. West, 11 Vet. App. 405 (Vet. App. 1998). “See 38 U.S.C. § 1159 . Section 1159 provides that service connection that has been in effect for ten or more years may not be severed on or after January 1,1962, except upon certain specified conditions.”
Roberts v. Dept. Of Vets. Affairs, 647 F.3d 1334 (Fed. Cir. 2011). “, 38 U.S.C. § 1159 (service connection for disability or death in effect for ten or more years shall not be severed “except upon a showing that the original grant of connection was based on fraud”); 38 C.”
Cromley v. Brown, 7 Vet. App. 376 (Vet. App. 1995). “” 38 U.S.C. § 1159 . There has *378 been no argument that the original grant was based on fraud or that there was not the requisite military service or character of discharge, nor would the record on appeal support such an argument.”
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