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§ 110. —  Preservation of disability ratings.

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[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

	 
	 




























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