VA Disability Rating Protections and Defenses: What They Are and When They Take Effect
VA disability ratings have a number of legal protections and defenses.
- Protected ratings are VA disability ratings that cannot be reduced or revoked by VA except in special situations. There are several types of protected ratings. Some ratings may become protected after a certain number of years (for example, the five-year rule), while others may be protected due to the nature of the condition (i.e., “static” or permanent conditions).
- There are also other practical ways to defend ratings. VA ratings will undergo periodic reevaluations or reexaminations to determine whether a veteran’s condition has improved or not; if an examiner mistakenly identifies improvement, the veteran’s finances can be disrupted unexpectedly. Tools like the 55-year-old rule reduce the number of unnecessary examinations.
Many of these rules are scattered across statutes, regulations, and VA procedure manuals. This article will collect several for discussion.
Who We Are: Chisholm Chisholm & Kilpatrick (CCK Law) has argued many of the cases that have defined and clarified veterans disability law. CCK Law attorneys serve in leadership positions throughout the legal community and have posted more than 2,500 blogs and 1,100 videos about veterans benefits.
When Does VA Review Ratings?
Most commonly, VA initiates a rating reduction in these scenarios:
- Potential for improvement — If VA anticipates improvement in the veteran’s condition, they may schedule a future examination. Reexaminations are generally scheduled for every two to five years.
- New evidence — If VA receives new and relevant medical evidence indicating a change in the veteran’s condition, such as during a Compensation and Pension (C&P) exam for a different claim, they may schedule a reevaluation.
A veteran must attend their VA reexamination if they wish to challenge their proposed rating reduction. If they do not attend, VA will likely reduce their rating.
What Triggers a VA Rating Reduction?
Generally, these elements are required when VA proposes a rating reduction:
- The rating reduction must be based on a review of the veteran’s entire medical history.
- VA must show that there has been an actual change in the disability since the last rating decision.
- VA must show that change in the disability reflects a sustained improvement in the veteran’s ability to function under the ordinary conditions and stressors of life and work.
- The veteran must undergo a thorough C&P examination.
Learn more:
- Brown v. Brown (5 Vet. App. 413, 1993) is a landmark ruling from the U.S. Court of Appeals for Veterans Claims (CAVC) regarding VA disability rating reductions.
- 38 CFR § 3.343 — Outlines the strict protections against reducing total disability ratings (including individual unemployability), requiring a thorough examination showing material improvement under the ordinary conditions of life.
- 38 CFR § 3.344 — Governs the stabilization of disability evaluations, requiring VA to review the entire medical history (not just a single exam) to prove sustained improvement rather than temporary or episodic fluctuation. This includes special rules for evaluations that have been stable at the same level for five years or more.
- 38 CFR § 3.951 — Codifies long-term protections. Schedule Readjustments: A general change in the rating schedule itself cannot be used to lower an existing rating unless medical evidence proves the specific disability has actually improved. Twenty-Year Rule: Any disability evaluation that has been continuously in effect at or above a specific percentage for 20 or more years cannot be reduced below that percentage unless the original rating was based on fraud.
- 38 CFR Part 4 — Contains the diagnostic codes and specific severity criteria. A rating can only be reduced under Part 4 if current clinical or functional findings show the veteran’s condition now meets a lower criteria level.
What Types of Rating Protection or Defenses Are There?
Several types of rating protections and defenses apply under different circumstances. Often, these defenses are based on how long the veteran has held their rating, or whether the veteran has reached a certain age, among other factors.
What Is VA’s 5-Year Rule?
Any rating that has remained at the same level for five years or longer is considered stabilized. VA cannot reduce a stabilized rating unless the condition shows sustained improvement over time. (Exception: “disabilities which have not become stabilized and are likely to improve” (38 CFR § 3.344).)
- VA cannot use just one reexamination to show sustained improvement. Rather, it must show through medical records and a C&P reexamination that the veteran is not just temporarily experiencing improvement; or
- VA must show that the evidence in a veteran’s claims file predominantly demonstrates sustained improvement. VA must provide an explanation of why they are reasonably certain that the condition will continue to show such improvement.
It is important to note that “sustained improvement” cannot be circumstantial or related to mitigating factors (i.e., temporary or episodic improvement, a less thorough exam, or temporary alleviation following prolonged rest).
What Is VA’s 10-Year Rule?
The VA disability 10-year rule states that VA cannot revoke a finding of service connection that has been in place for at least 10 years unless there is evidence of fraud.
What Is VA’s 20-Year Rule?
Service-connected conditions that have been rated at or above a certain disability rating level for 20 years or longer are considered continuous. VA cannot reduce a continuous rating below its lowest level (i.e., if the veteran’s condition has varied in rating over the years) unless the rating was based on fraud.
For example, if a veteran’s service-connected depression was originally rated at 70 percent disabling and fluctuated between 50 and 70 percent over the next 20 years (without dipping below 50 percent), VA cannot reduce the rating below 50 percent.
What Is VA’s 55-Year-Old Rule?
“The 55-year rule, or 55-year-old rule, states that veterans receiving disability benefits are exempt from periodic reexaminations once they reach the age of 55. By blocking routine reexaminations, the 55-year rule blocks many of the circumstances where veterans could have their ratings reduced,” says Michael Lostritto, partner at CCK Law.
VA’s Compensation and Pension Manual — specifically M21-1, Part IV, Subpart ii, Chapter 1, Section A — states that “If the Veteran will have reached or surpassed age 55 by the time the reexamination is conducted, then do not schedule the reexamination unless required to do so by specific regulation, or compelled to do so based on unusual circumstances.”
Notably, however, this rule only blocks routine reexaminations. There are still circumstances when VA may reexamine veterans on a case-by-case basis, such as for certain types of cancer or when conducting a C&P exam for another claim.
Are There Other Protections From Unnecessary VA Reexaminations?
Yes. Aside from the rules listed above, there are other instances in which veterans are protected from reexaminations by VA. No periodic reexamination should be scheduled when:
- The disability is established as static (not going to change);
- The disability is rated at the prescribed schedular minimum within its diagnostic code; or
- The combined disability rating would not be affected even if a future examination resulted in reduced evaluation for one or more condition. For example, if a veteran had a 10 percent rating among many other ratings, reducing or revoking the 10 percent rating would not affect the overall combined rating.
Watch CCK Law Partner Michael Lostritto and VA-Accredited Claims Advocate Dallas Aguiar explain VA’s 5, 10, 20, and 55-year rating protections:
Are All 100% VA Ratings Protected?
No, all 100 percent VA disability ratings are not automatically protected. While some 100 percent ratings are protected in certain instances, not all 100 percent ratings are protected.
What Is VA’s 100% Total Ratings Rule?
Veterans with 100 percent disability ratings, also known as total disability ratings, are determined to be fully disabled by VA. With some exceptions, such as special monthly compensation and Aid & Attendance, the 100 percent rating is the highest rating a veteran can receive.
Once a veteran has received a 100 percent rating (besides TDIU or temporary/hospitalization), VA cannot reduce the rating unless there is material improvement in the veteran’s condition. VA must show through medical evidence that there has been an observable change in the veteran’s ability to function in daily life.
Can VA Reduce a Permanent and Total Rating?
Below, watch CCK Law Partners Bradley Hennings, Christine Clemens, and Emma Peterson break down what veterans need to know about permanent and total VA disability ratings:
For a veteran’s rating to be considered permanent and total (P&T), the condition must be permanent (i.e., chronic in nature and not likely to improve) and total (i.e., 100 percent disabling).
A permanent and total rating is one where VA does not require the veteran to undergo any further medical examinations. An example of a condition VA may consider permanently disabling is amputation.
It is important to note that P&T is not a protected rating. While unlikely, VA 100 percent P&T ratings can be reduced if VA becomes aware of any improvements in the condition.
However, in most instances, VA assumes that veterans with P&T ratings will have to live with severely debilitating service-connected conditions, or the residuals of one, for the remainder of their lives. As such, these veterans will most likely receive VA compensation for the rest of their lives.
Is TDIU a Protected VA Disability Rating?
Yes. VA can only propose to reduce or revoke TDIU under specific conditions. TDIU, or total disability based on individual unemployability, is a monthly benefit available to veterans who have a disability that prevents them from obtaining or maintaining substantially gainful employment.
TDIU compensates veterans at the 100 percent rating level, even if their combined rating is less than 100 percent. Schedular TDIU is based on certain rating requirements, and those ratings may be considered static or permanent.
However, VA can sever a veteran’s TDIU status if they have been found to be capable of substantially gainful employment. Note that:
- According to 38 CFR § 3.343(c), VA can only revoke TDIU status if “actual employability is established by clear and convincing evidence.”
- For the employment to be considered substantially gainful, the veteran with TDIU status must be employed for at least 12 consecutive months and earning over the federal poverty threshold.
The federal poverty threshold is $16,330 as of Sept. 15, 2026, for the purposes of VA TDIU. This is the threshold for one person as published annually by the U.S. Census Bureau. Veterans should note that for TDIU, VA only uses the Census Bureau poverty threshold for one person, regardless of a veteran’s disability rating, age, or family size.
In the video below, CCK Law Partner Emma Peterson addresses the possible reasons why VA may take away a veteran’s TDIU rating:
What if My Rating Is Not Protected?
Some service-connected conditions can improve over time or with treatment. If this is the case, VA is legally allowed to reduce a disability rating to compensate a veteran for their current level of disability.
However, before reducing a veteran’s rating, VA must send the veteran a letter proposing a reduction of benefits.
Challenging a Rating Reduction
Once a veteran receives notification of the proposed rating reduction, they have the option to challenge the reduction. To challenge a rating reduction, veterans must submit a timely response within VA’s deadlines. Veterans have:
- 60 days to submit evidence countering the reduction if they believe it is not warranted; and
- 30 days to request a hearing.
If a veteran chooses to request a hearing, VA cannot issue a new rating decision until the hearing is held. This allows the veteran additional time to submit new evidence. However, requesting a hearing is not necessary to challenge a VA proposed rating reduction – veterans can also simply submit new evidence within 60 days.
VA must consider all previous and new evidence when planning to reduce a rating. If, after this process, VA sends a final decision that reduces the veteran’s disability rating, the veteran can still appeal VA’s decision by requesting a Higher-Level Review, submitting a Supplemental Claim, or filing a Notice of Disagreement.
Watch CCK Law Partners Jenna Zellmer and Michael Lostritto and VA-Accredited Claims Advocate Kayla Rogers explain what veterans should do when VA proposes a rating reduction:
How To Ask for Help (Especially if VA Proposes a Rating Reduction)
Appealing a rating reduction can be challenging. If you feel that VA unfairly decided to reduce your rating, the experienced team of veterans advocates at Chisholm Chisholm & Kilpatrick may be able to help. To tell us about your case, call our office at 800-544-9144 or contact us online.
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