One of the most important protections veterans have against losing their disability compensation is the set of duration-based rules that limit the VA's ability to reduce or sever ratings. These rules reward stability by making it progressively harder for the VA to take away benefits the longer you've held them. Understanding these timelines can help you plan ahead and know your rights if the VA ever proposes a change to your rating.
The five-year rule is the first layer of protection. Once a disability rating has been in effect for five or more continuous years, the VA cannot reduce it based on a single re-examination that shows improvement. Instead, the VA must demonstrate sustained improvement over time, meaning the condition has genuinely and consistently gotten better based on the full medical record, not just one snapshot from a compensation exam. This is a significant hurdle because many conditions fluctuate, and a single good day does not erase years of documented symptoms.
The ten-year rule adds another layer of security. After a service-connected rating has been in effect for ten or more years, the VA can no longer sever the grant of service connection entirely. They may still reduce the percentage assigned if they can show sustained improvement, but they cannot take away the underlying connection to service. This means you will always have at least a zero-percent service-connected rating for that condition, which preserves your eligibility for VA healthcare and keeps the door open for future increases.
The twenty-year rule provides the strongest protection of all. Once a rating has been continuously in effect at the same level for twenty or more years, it becomes permanent at that percentage. The VA cannot reduce it below that level for any reason, with the sole exception of fraud. This means even if a re-examination shows dramatic improvement, the rating stays where it is. For veterans approaching this milestone, it is worth being aware of the timeline and avoiding any voluntary actions that might reset the clock.
To calculate when your protections kick in, look at the effective date of your rating on your VA decision letter or benefits summary, not the date you filed your claim. Count forward five, ten, or twenty years from that effective date. If the VA proposes a reduction after your five-year mark, you should immediately challenge it by pointing to the sustained improvement requirement and submitting evidence showing your condition has not consistently improved over time.
If you receive a proposed reduction letter and believe your rating is protected, respond in writing within the sixty-day window citing the applicable protection rule. Include medical evidence showing that your condition has not experienced sustained improvement. Request a predetermination hearing if you want to present your case in person. Many proposed reductions are withdrawn when veterans actively respond with documentation, especially when the protected-rating rules apply.
Note: This article references sections of the VA's M21-1 Adjudication Procedures Manual. The VA periodically reorganizes the M21-1 and section numbers may have changed since this article was written. For the most current section references, visit the VA's public M21-1 Web Automated Reference Material System (WARMS).