
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[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 
ratings'' for ``Preservation of total disability ratings'' in section 
catchline, and inserted sentence directing that a disability which has 
been continuously rated at or above any percentage for twenty or more 
years for compensation purposes shall not thereafter be rated at less 
than such percentage, except upon a showing that such rating was based 
on fraud.
    1962--Pub. L. 87-825 provided for computation of the period from the 
date the Administrator determines as the date the status commenced for 
rating purposes.


                    Effective Date of 1969 Amendment

    Section 1 of Pub. L. 91-32 provided that the amendment made by that 
section is effective Aug. 19, 1964.


                    Effective Date of 1962 Amendment

    Section 7 of Pub. L. 87-825 provided that: ``This Act [see Tables 
for classification] shall take effect on the first day of the second 
calendar month which begins after the date of enactment of this Act 
[Oct. 15, 1962], but no payments shall be made by reason of this Act for 
any period before such effective date. Payments for any period before 
such effective date shall be made under prior laws and regulations. The 
provisions of this Act with respect to reductions and discontinuances 
shall be applicable only where the event requiring such reduction or 
discontinuance occurs on or after such effective date. If such event 
occurred before such effective date, action shall be taken pursuant to 
the prior laws and regulations.''
