Title 38 — Veterans’ Benefits
Part I · Chapter 1 — General
§ 110. Preservation of disability ratings
Statutory text
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 85–857 · 72 Stat. 1105
Enacted · 38 U.S.C. § 110
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1113
Source evidence
Code source credit
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1113Pub. L. 87–825 § 6 · 76 Stat. 948
Changed · 38 U.S.C. § 110
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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
Sec. 6. Sections 110 and 359 of title 38, United States Code, are amended by adding the following sentence at the end of each section: “The mentioned period shall be computed from the date determined by the Administrator as the date on which the status commenced for rating purposes.”Pub. L. 88–445 § 1(a) · 78 Stat. 464
Substituted · 38 U.S.C. § 110
Pub. L. 88–445 substituted “Preservation of disability ratings” for “Preservation of total disability ratings” in section catchline
Inserted · 38 U.S.C. § 110
Pub. L. 88–445 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
Source evidence
Code amendment note
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.Pub. L. 91–32 · 83 Stat. 38
Substituted · 38 U.S.C. § 110
Pub. L. 91–32 substituted “evaluation” for “percentage” wherever appearing
Source evidence
Code amendment note
Pub. L. 91–32 substituted “evaluation” for “percentage” wherever appearing.Effective date note
Pub. L. 91–32, June 23, 1969, 83 Stat. 38, provided in part that the amendment made by that section is effective Aug. 19, 1964.Pub. L. 102–83 § 4(a)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 110
Pub. L. 102–83 substituted “Secretary” for “Administrator”
Substituted · 38 U.S.C. § 110
Pub. L. 102–83 substituted “administered by the Secretary” for “administered by the Veterans’ Administration” in two places
Source evidence
Code amendment note
Pub. L. 102–83 substituted “Secretary” for “Administrator” and substituted “administered by the Secretary” for “administered by the Veterans’ Administration” in two places.Enacted provision · exact public law section
(1) Title 38 is amended by striking out “administered by the Veterans’ Administration” each place it appears and inserting in lieu thereof “administered by the Secretary”.
3 of 7 references resolved to an enrolled provision · 4 partial
Editorial Notes
Amendments1962–1991 · 4 rounds
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.
Statutory Notes and Related Subsidiaries
Effective Date of 1969 Amendment
Pub. L. 91–32, , 83 Stat. 38, provided in part that the amendment made by that section is effective .
Effective Date of 1962 Amendment
Pub. L. 87–825, § 7, , 76 Stat. 950, 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 [], 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.”
Credits
1958–1991 · 5 acts
- 1958Pub. L. 85–857, , 72 Stat. 1113
- 1962Pub. L. 87–825, § 6, , 76 Stat. 950
- 1964Pub. L. 88–445, § 1(a), (b), , 78 Stat. 464
- 1969Pub. L. 91–32, , 83 Stat. 38
- 1991Pub. L. 102–83, § 4(a)(1), (b)(1), (2)(E), , 105 Stat. 403–405.
Show as published
(Pub. L. 85–857, , 72 Stat. 1113; Pub. L. 87–825, § 6, , 76 Stat. 950; Pub. L. 88–445, § 1(a), (b), , 78 Stat. 464; Pub. L. 91–32, , 83 Stat. 38; Pub. L. 102–83, § 4(a)(1), (b)(1), (2)(E), , 105 Stat. 403–405.)