Monday, June 5, 2017

INDIVIDUAL UNEMPLOYABILITY FOR U.S. MILITARY VETERANS

When it comes to dissolving our veterans right to “Individual Unemployability”, what comes after a little history is public law 102-86 from 1991 (Poppy Bush Era) aimed at restricting the ability of congress to affect our disability ratings and compensation already granted and in place. These few sentences are the lynchpin that will keep the current FY 2018 Federal Budget Proposal from stripping us of our rightful, earned, and promised compensations.

UNITED STATES HISTORY


Corruption at the VA.........not new!
This type of corruption isn't new. It goes back throughout the History of the VA to the very beginning.
Veterans' Bureau Scandal

Colonel Charles R. Forbes, a chance acquaintance of Warren Harding, was appointed to head the recently created Veterans' Bureau. It was later revealed that Forbes entered into corrupt arrangements with a number of contractors, particularly with those involved in the operation of hospitals, and sold government property at a fraction of its value. Charles F. Cramer, attorney for the bureau, committed suicide, which brought increased attention to the agency. In 1923, Forbes resigned his position and fled to Europe.
A Senate investigation in 1924 found that Forbes had looted more than
$200
million from the government. He was subsequently indicted for bribery and corruption, and was brought back for trial in 1925. He was convicted, fined $10,000 and sentenced to two years in Leavenworth.

NOW, READ THIS!!

As a result, PL (Public Law) 102-86 was passed by Congress and signed into Law in 1992. Part of this Law directly addressed attempts to diminish, or disqualify, Veterans Compensation Claims at the whim of Congress.

Protected Evaluations under 38 CFR 3.951 and 38 CFR 3.952, Continued

         g. Protection Against Rating Schedule Changes
         Public Law (PL) 102-86 states that a rating evaluation cannot be   reduced solely because of a change to the rating schedule          subsequent to August 13, 1991.

However, 38 CFR 3.952 protects rating evaluations under the 1925 rating schedule which were the basis of compensation on April 1, 1946.
Note: Evaluations in effect when previous changes to the 1945 rating schedule occurred are not protected by PL 102-86.
Reference: For more information on the preservation of disability evaluations after rating schedule changes, see 38 CFR 3.951(a), and 38 U.S.C. 1155.

         h. Reviewing Evaluations after a Rating Schedule Change
         When reviewing a disability evaluation after a change in the                  rating schedule, determine whether the current evaluation would            be continued or decreased under the prior schedule.


Note: The disability evaluation cannot be reduced unless you can show the Veteran’s condition improved enough to have warranted reduction under the prior schedule.