[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC110]
TITLE 38--VETERANS' BENEFITS
PART I--GENERAL PROVISIONS
CHAPTER 1--GENERAL
Sec. 110. Preservation of disability ratings
A rating of total disability or permanent total disability which has
been made for compensation, pension, or insurance purposes under laws
administered by the Secretary, and which has been continuously in force
for twenty or more years, shall not be reduced thereafter, except upon a
showing that such rating was based on fraud. A disability which has been
continuously rated at or above evaluation for twenty or more years for
compensation purposes under laws administered by the Secretary shall not
thereafter be rated at less than such evaluation, except upon a showing
that such rating was based on fraud. The mentioned period shall be
computed from the date determined by the Secretary as the date on which
the status commenced for rating purposes.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1113; Pub. L. 87-825, Sec. 6,
Oct. 15, 1962, 76 Stat. 950; Pub. L. 88-445, Sec. 1(a), (b), Aug. 19,
1964, 78 Stat. 464; Pub. L. 91-32, June 23, 1969, 83 Stat. 38; Pub. L.
102-83, Sec. 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403-405.)
Amendments
1991--Pub. L. 102-83 substituted ``Secretary'' for ``Administrator''
and substituted ``administered by the Secretary'' for ``administered by
the Veterans' Administration'' in two places.
1969--Pub. L. 91-32 substituted ``evaluation'' for ``percentage''
wherever appearing.
1964--Pub. L. 88-445 substituted ``Preservation of disability
rat