Many veterans assume that once the VA assigns a disability rating, it stays put. That assumption is understandable, but it is not always accurate. The VA does have the authority to reduce ratings under certain circumstances. What most veterans do not realize is that federal law places meaningful limits on when and how that can happen. Understanding those limits matters. A rating reduction can mean a significant drop in monthly compensation, sometimes overnight.
The Difference Between Stabilized and Protected Ratings
The VA uses different rules depending on how long a rating has been in place.
The 5-Year Rule
If a rating has been continuously in place for five or more years, it is considered “stabilized.” The VA cannot reduce a stabilized rating unless medical evidence shows sustained improvement, not just a one-time better exam result. A single favorable evaluation is not enough. The VA must demonstrate that the improvement reflects actual, lasting change in the veteran’s condition.
The 20-Year Rule
A rating held for 20 or more years receives even stronger protection. Under 38 C.F.R. § 3.951, the VA cannot reduce that rating below its current level unless there is evidence of fraud. This is sometimes called a “permanent protected rating,” and it is one of the strongest safeguards available to veterans under federal law.
The 10-Year Rule
Separate from the rating itself, if a service connection has been in place for 10 or more years, the VA generally cannot sever it entirely. This does not prevent a reduction in the percentage, but it does protect the underlying connection.
When the VA Can Legally Reduce a Rating
Even with these protections in place, the VA retains authority to act in specific situations. Reductions are legally permitted when:
- A medical examination shows clear and sustained improvement in the veteran’s condition
- The improvement is documented across the veteran’s whole medical history, not just one exam
- The VA follows proper notice and procedural requirements before taking action
- The veteran has a rating that has not yet reached the 5-year stabilization threshold
The procedural requirements matter just as much as the medical findings. Before reducing a rating, the VA must notify the veteran, provide an opportunity to respond, and in some cases hold a predetermination hearing if one is requested. A Texas VA rating reduction lawyer can review whether the VA followed each of these steps before moving forward with a reduction.
What Veterans Should Watch For
Rating reductions do not always come with obvious warning signs. Veterans should pay close attention any time they receive a notice of a scheduled compensation and pension (C&P) exam. These exams are often the trigger for a reduction proposal. Attending the exam matters, but so does understanding what the examiner is evaluating and how that information feeds back into the rating decision. Veterans should also monitor any correspondence from the VA carefully. A reduction notice will include a deadline to respond, and missing that window can limit the options available.
You Have the Right to Appeal
If the VA has already issued a rating reduction or is proposing one, that decision is not final. Veterans can challenge the action through the VA appeals process. Depending on the stage of the case, that may mean filing a supplemental claim, requesting a higher-level review, or taking the case to the Board of Veterans’ Appeals.
Glover Luck LLP represents veterans at every stage of this process. Whether the reduction was procedurally improper or based on a flawed medical evaluation, there are real grounds to fight back.
Take Action Before the Deadline Passes
Rating reductions come with tight response windows. If you received a notice or suspect the VA is moving to lower your rating, speaking with a Texas VA rating reduction lawyer as early as possible gives you the best opportunity to protect what you have earned.
