Category: Compensation Benefits

Is My 100% VA Disability Rating Protected After 5 Years?

The 5, 10, 20 year rules… Including ‘static’ and Routine Future Examinations (RFE)

VA Five Year Rule – If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.

VA Ten Year Rule – The 10 year rule is after 10 years, the service connection is protected from being dropped.

VA Twenty Year Rule – If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it’s unlikely the rating would get reduced.

If you are 100% for 20 years (Either 100% schedular or 100% TDIU – Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person’s life.  “M-21-1-IX.ii.2.1.j. When a P&T Disability Exists”

VA Disability 55 year Read more