Protected ratings: the 5, 10 and 20 year rules
How long you have held a rating changes what VA is allowed to do to it.
What it is
Three VA regulations put limits on VA taking away or lowering what you already have. The longer you have held a rating or service connection, the stronger the protection.
5 years: stabilized ratings (38 CFR 3.344)
When a rating has stayed at the same level for 5 years or more, extra protections apply. VA cannot lower it based on one exam alone for conditions such as epilepsy, asthma or heart disease. The evidence must show sustained improvement, and the examiner must consider whether the evidence makes it reasonably certain that the improvement will last under the ordinary conditions of life. If it is doubtful, the rating stays and VA schedules a re-exam, at 18, 24 or 30 months. These protections do not apply to a condition that has not stabilized and is likely to improve.
Rating protection
10 years: service connection (38 CFR 3.957)
Service connection that has been in effect for 10 or more years will not be severed unless the original grant was based on fraud, or military records clearly show you did not have the required service or character of discharge.
20 years: the rating itself (38 CFR 3.951)
A disability rating that has continuously been at or above a level for 20 or more years cannot be reduced below that level except for fraud. The same protection applies to a permanent and total pension rating in effect 20 or more years. Also, under 3.951(a), a change to the VA rating schedule alone is not grounds to reduce your rating unless medical evidence shows the disability has actually improved.
What to do
- Look at the effective dates on your rating decision letter and count the years.
- If VA proposes to lower a rating or cut service connection, read the notice and answer within the time it gives. Then look at your options on VA decision reviews.
- Accredited representatives can help with a proposed reduction; VA says VSO representatives are always free (link below).
Where to call and where to go
Phone
- VA benefits hotline, Monday through Friday, 8:00 a.m. to 9:00 p.m. ET: 1-800-827-1000 (TTY: 711). Source: VA regional benefit office page and Helpful VA phone numbers
- Veterans Crisis Line, 24/7: 988, then select 1. Source: Helpful VA phone numbers
Official pages
Free accredited help
- Find an accredited representative (attorney, claims agent or Veterans Service Organization representative). VA says VSO representatives are always free.