VA disability ratings gain increasing protection over time. Here's how the 5-year, 10-year, and 20-year rules work to protect your rating from reduction.
One of the most common concerns among rated veterans is whether the VA can reduce their disability rating. The answer is nuanced: yes, the VA can propose a reduction, but your rating gains increasing protection the longer you've held it. Three key milestones — 5 years, 10 years, and 20 years — provide progressively stronger shields against rating reductions.
The 5-year rule states that if your disability rating has been in effect for 5 or more years, the VA cannot reduce it unless sustained improvement in the condition is demonstrated. The VA must show that the improvement is based on thorough examination and is reasonably certain to be maintained under ordinary conditions of life. A single examination showing improvement isn't enough — the VA needs to demonstrate a clear trend. This is a significantly higher bar than the standard used for ratings held less than 5 years.
The 10-year rule provides an even stronger protection: after a disability has been service-connected for 10 or more years, the VA cannot sever the service connection entirely (meaning they can't say the condition is no longer service-connected). They can still reduce the rating percentage, subject to the 5-year rule, but they cannot take away the service connection itself. This means you'll always be recognized as having a service-connected condition, even if the rated percentage changes.
The 20-year rule is the strongest protection: if a disability rating has been in continuous effect for 20 or more years, it cannot be reduced below the level it has been at for that entire period, except in cases of fraud. This effectively makes your rating permanent. Once you've held a rating at a specific level for 20 years, it's locked in.
There's also the concept of a "static" or "permanent and total" (P&T) rating. If the VA determines your disability is not expected to improve — and marks it as permanent — the VA will not schedule you for future re-examinations. This is different from the time-based protections, but it achieves a similar result: your rating won't be reviewed unless you file for an increase or the VA identifies evidence of fraud.
If you receive a proposed rating reduction, you have 60 days to submit evidence and request a hearing before the reduction takes effect. This is where a VSO is invaluable — they can help you gather evidence demonstrating that your condition hasn't improved and argue against the reduction.
The practical takeaway: if you currently have a rating that accurately reflects your condition, understand the protections you have and track when you cross each milestone. And if you receive a proposed reduction, don't accept it without a fight — the VA's burden of proof increases significantly over time.