The Department of Veterans Affairs (VA) has established specific guidelines to safeguard veterans’ disability ratings. Among these are the 5-year, 10-year, and 20-year rules, which ensure that certain legal requirements are met before the VA can reduce a service-connected disability rating. Here’s a breakdown of these important protections as shared by a veterans disability benefits attorney:
5-Year Rule
This rule applies to veterans whose service-connected disability rating has remained unchanged for five years as our friends at Chad Barr Law can explain. Once a rating has stabilized for this period, the VA cannot reduce it unless all evidence demonstrates sustained improvement in the condition. This offers veterans stability and shields them from arbitrary reductions based on a single evaluation.
Example:
John, a veteran, was awarded a 30% disability rating for PTSD in 2017. Over the next five years, he consistently attends therapy and follows his prescribed medication plan. In 2023, John seeks a rating increase, prompting the VA to schedule a Compensation & Pension (C&P) examination.
The examiner notes slight improvement due to medication, but John’s VA medical records continue to reflect severe PTSD symptoms, and his medication dosage has increased. Under the 5-Year Rule, the VA cannot reduce his rating based on a single exam, as the full record does not show sustained improvement.
However, if John’s medical records and C&P examination consistently show significant progress—such as the elimination of panic attacks and the discontinuation of mental health medications—the VA could legally reduce his rating.
The 5-Year Rule ensures that veterans like John are protected from unwarranted rating reductions and provides them with greater confidence in the stability of their benefits.
10-Year Rule
Under this rule, the VA cannot revoke service connection for a disability that has been in place for ten years, except in cases of fraud. While the rating itself may still be reduced, the connection to the disability remains intact.
Example:
Emily, an Army veteran, was awarded service connection for injuries to both feet in 2006. In 2016, the VA realizes Emily was mistakenly granted service connection for her right foot, as there is no documented injury. Since her right foot has been service-connected for over ten years and there is no evidence of fraud, the 10-Year Rule prevents the VA from severing the connection.
If the same mistake had been discovered in 2010, before the ten-year mark, the VA could have severed service connection for her right foot.
This rule protects veterans by ensuring that long-standing service connections are not arbitrarily removed after a decade.
20-Year Rule
The 20-Year Rule provides even greater security for veterans with long-term disability ratings. If a disability has been rated at or above a certain level for 20 years or more, the VA cannot reduce the rating below that level unless fraud is proven.
Example:
Sarah, a Navy veteran, was assigned a 30% rating for a knee injury in 2005. Over the next two decades, her condition remains consistent, and the rating stays at 30%.
In 2027, Sarah undergoes treatment that improves her knee’s range of motion. The VA proposes reducing her rating to 20%. However, because Sarah’s 30% rating has been in place for over 20 years, the 20-Year Rule protects her from a reduction, regardless of any improvement in her condition.
This rule offers veterans like Sarah peace of mind, knowing their long-term ratings remain secure and provide continued financial stability.
Permanent And Total Ratings
VA disability ratings deemed permanent and total are not subject to routine re-examinations. These ratings are granted for severe, service-connected conditions that are unlikely to improve, ensuring veterans have lifelong stability in their benefits.
Need Help With A VA Disability Claim?
If you’re facing a rating reduction or need assistance with an appeal, experienced VA disability attorneys can help. They will provide personalized support to work through the complexities of VA rules and protect your benefits. Contact a lawyer near you for more information.
