VA Disability 5-Year, 10-Year, and 20-Year Rules (Protected VA Ratings Explained)

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One of the most common fears we hear from veterans is: “Can the VA take away or lower my VA disability rating?”

The good news is that federal law gives you powerful VA rating protections—especially once you’ve had a rating for 5 years, 10 years, and 20 years.

In this guide, VA disability expert Brian Reese reveals and explains the VA 5-Year Rule, VA 10-Year Rule, and VA 20-Year Rule, show you how they actually work in real life, and explain what to do if the VA ever tries to reduce your rating.

This article is based on the actual VA regulations and internal policy manuals, including 38 CFR § 3.344, 3.951, and 3.957, as well as the M21-1 Adjudication Procedures Manual.

Let’s go!

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When Does My VA Disability Rating Finally “Lock In”? (Video)

Tired of worrying the VA will lower your rating? In this short video, Brian Reese explains when a VA rating becomes static and permanent, how 100% Permanent & Total (P&T) works, and what the 5-year, 10-year, 20-year, and age 55+ protections really mean. You’ll also learn how to ask the VA to recognize your condition as permanent so you can stop living in fear of routine future exams and reductions. Watch it now!

@vaclaimsinsider

🇺🇸 When Does My VA Disability Become STATIC and PERMANENT? So, when does your VA rating finally LOCK IN so the VA stops messing with it? In this video, Brian Reese the VA Claims Insider explains what it really means when a VA disability rating is deemed STATIC and PERMANENT. Plus when you might qualify for a 100% Permanent & Total (P&T) rating. We’ll also talk about the 5-year, 10-year, and 20-year “protected” rules, age 55+, and how to ask the VA to recognize your condition as permanent. If you’re tired of living in fear of routine future examinations (RFEs) and VA rating reductions, this one’s for you! #vaclaims #varating #vadisability #vaclaimhelp #vaclaimtips

♬ Chill Vibes – DreamyBeats

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Summary of Key Points

• VA Disability 5-Year Rule (Stabilized Ratings): Once you’ve had the same VA rating for 5 or more years, it’s considered “stabilized.” The VA generally cannot reduce it based on a single exam. They must show sustained, material improvement under the ordinary conditions of life before lowering your rating.

• VA Disability 10-Year Rule (Protected Service Connection): After you’ve been service-connected for 10 years, the VA generally cannot sever service connection for that condition—even if your symptoms improve. The main exceptions are fraud or clear proof from service records that you didn’t have qualifying service or character of discharge.

• VA Disability 20-Year Rule (Protected Rating Level): If a disability has been continuously rated at or above a certain percentage for 20 or more years, the VA cannot reduce it below that percentage unless the original rating was based on fraud. This is your classic “protected rating” rule.

• Protected Ratings and Age 55 Rule: Static conditions, Permanent and Total (P&T) ratings, long-standing ratings (5, 10, 20 years), and most veterans age 55+ are generally shielded from routine future exams unless there’s a strong reason to re-evaluate.

• You Have Due Process Rights: Before reducing most ratings, the VA must send a proposed reduction notice, give you at least 60 days to submit evidence, and (in many cases) allow you to request a hearing. If you act quickly and submit strong medical evidence, you can often stop an improper reduction.

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The VA Disability 5-Year Rule (Stabilized Ratings)

The “VA 5-Year Rule” is a nickname veterans use for protections found in 38 CFR § 3.344, which deals with the stabilization of disability evaluations.

Big picture: If your VA disability rating has been at the same level for 5 or more years, the VA can’t just yank it down because of one quick C&P exam. They must show that:

• There has been actual, material improvement in your condition, and
• That improvement is likely to continue under the ordinary conditions of life (not just on a good day in a doctor’s office).

Key Points of the VA 5-Year Rule

• “Stabilized” after 5 years: A disability evaluation that has been in effect for five years or more is considered “stabilized.” The 5-year period is counted from the effective date of the rating to the effective date of any proposed reduction.
• No reduction based on a single exam: For stabilized ratings, the VA generally may not reduce your rating based on just one C&P exam. They must review the entire medical history and typically need multiple exams or consistent evidence showing real improvement over time.
• Improvement must be real and sustained: The VA must find that improvement has occurred under the ordinary conditions of life (work, daily activities), not just temporary or due to a specific treatment situation.
• 5-year protection ≠ untouchable rating: The VA can still review and even reduce your rating if the evidence is strong enough, but the bar is much higher once your rating is stabilized.
• Works both ways: You can still file for an increase at any time if your service-connected condition gets worse.

Exceptions to the VA 5-Year Rule

Even after 5 years, the VA can still look at your rating in certain situations, including:

• Evidence of clear, sustained improvement (for example, your condition has fully resolved and multiple exams show no ongoing symptoms).
• Clear and unmistakable error (CUE) in the original rating decision.
• Fraud in obtaining the rating.
• Special situations where re-exams are required by regulation (for example, pre-stabilization ratings or certain temporary ratings).

Also, if your condition was never expected to be permanent (for example, many post-surgical conditions or some mental health conditions early in treatment), the VA may have already scheduled a Routine Future Examination (RFE) within that first 2–5 year window.

Example of the 5-Year Rule in Action

Suppose you were granted a 30% rating for GERD effective January 1, 2018, and that rating has stayed at 30% ever since.

• In 2022, the VA schedules a C&P exam and the examiner notes “some” improvement.
• Because your 30% rating has been in place for more than 5 years, it’s stabilized.
• The VA generally cannot lawfully reduce you to 10% based only on this single exam unless the full record shows sustained, material improvement under ordinary conditions of life.

If the only “evidence” of improvement is one quick exam that doesn’t line up with your real-world functioning, any reduction can be challenged—and often overturned.

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The VA Disability 10-Year Rule (Protected Service Connection)

The “VA 10-Year Rule” comes from 38 CFR § 3.957. It protects your service connection itself, not necessarily the exact percentage of your rating.

Plain English: Once a condition has been service-connected for 10 or more years, the VA generally cannot sever service connection for that condition.

Key Points of the VA 10-Year Rule

• Protects service connection, not the % rating: After 10 years, your service connection is locked in (except for rare exceptions). But the VA can still increase or decrease the percentage if the medical evidence supports it.
• 10-year clock: The 10 years are measured from the effective date the VA first granted service connection to the effective date of any decision severing that service connection.
• Helps survivors too: This protection also matters for Dependency and Indemnity Compensation (DIC), because long-standing service-connected conditions can support certain survivor benefits if the veteran passes away.
• Reductions still possible: Even after 10 years, your rating percentage may still go up or down based on medical evidence. The VA just can’t say, “We’re no longer service-connecting your knee at all,” unless one of the narrow exceptions applies.

Exceptions to the VA 10-Year Rule

Service connection that’s been in effect for 10+ years can only be severed in very limited situations:

• Fraud: The original grant was based on fraudulent evidence or statements.
• No qualifying service or discharge: It’s clearly shown from military records that you did not have the required service or character of discharge.

Outside of those narrow exceptions, your service connection is protected for life once you pass the 10-year mark.

Example of the 10-Year Rule in Action

Imagine you were granted service connection for PTSD at 50% effective July 1, 2013.

• On July 1, 2023, you hit the 10-year mark.
• The VA could still increase or decrease your PTSD rating (say from 50% to 70% or down to 30%) if the evidence supports it.
• But the VA generally cannot sever service connection for PTSD—they can’t legally say “You’re no longer service-connected for PTSD at all”—unless there was fraud or clear evidence you didn’t have qualifying service.

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The VA Disability 20-Year Rule (Protected Rating Level)

The “VA 20-Year Rule” is found in 38 CFR § 3.951(b) and is what most veterans think of when they say “my rating is protected.”

Plain English: If you’ve had a disability continuously rated at or above a certain percentage for 20 or more years, the VA generally cannot reduce it below that percentage, unless the original rating was based on fraud.

Key Points of the VA 20-Year Rule

• “Continuously rated” matters: The rating must be in effect continuously for 20 years. If there’s a break or a lower rating in the middle, the protection applies to the lowest rating held during that 20-year period, not the highest.
• Protects the level: Once protected, the VA generally cannot reduce your rating below that level, even if an exam shows improvement, unless fraud is proven.
• Separate from P&T: You can have a 20-year protected rating with or without a “Permanent and Total” designation, and vice versa. They’re related but legally distinct concepts.
• Applies even without payment: In many cases, a 20-year protected rating can still be protected even if you elected not to receive payment during that time (for example, due to active duty or drill pay), as long as the rating itself was in effect.

Exceptions to the VA 20-Year Rule

There is really only one meaningful exception:

• Fraud: If the VA proves the original rating was obtained through fraud, they can reduce or eliminate it, even after 20 years.

Absent fraud, a 20-year protected rating is about as solid as it gets.

Example of the 20-Year Rule in Action

Let’s say you were granted a 50% rating for Migraine Headaches effective January 1, 2003.

• On January 1, 2013, the VA reduced your migraines rating from 50% to 30%.
• As of January 1, 2023, you’ve had a migraine rating continuously in place for 20 years (50% for 10 years, then 30% for 10 years).

Result under the VA 20-Year Rule: The VA generally cannot reduce your migraine rating below 30% (the lowest rating held during that 20-year period), unless they can prove fraud in the original grant.

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List of VA Protected Ratings: Are My Disabilities Safe From a Reevaluation?

Several types of VA ratings are considered “protected” under the law and/or VA policy. While no rating is 100% untouchable in every scenario, the VA generally avoids routine re-exams in the following situations:

• Static disabilities: Conditions that are permanent and not expected to improve (for example, limb loss, paralysis, some progressive neurological diseases).
• Permanent and Total (P&T) ratings: When the VA marks your rating as “Permanent and Total,” they’re stating your disabilities are not expected to improve. While P&T can technically be changed in rare cases (fraud, clear error), the VA generally does not schedule future exams.
• Stabilized 5-Year Ratings: Disabilities that have been at the same evaluation for 5+ years are considered stabilized. Reductions require strong evidence of sustained improvement, not just a single exam.
• 10-Year Protected Service Connection: After 10 years, service connection generally cannot be severed except for fraud or lack of qualifying service.
• 20-Year Protected Ratings: After 20 continuous years at or above a certain evaluation, your rating generally cannot be reduced below that level (absent fraud).
• Veterans age 55 or older (55-Year-Old Rule): VA policy states that, in most cases, the VA will not schedule routine future exams for veterans age 55 or older unless there’s a specific, unusual reason to do so or the exam is required by regulation.
• 100% VA ratings and TDIU (Total Disability based on Individual Unemployability): These can be reviewed, but reductions require a showing of material, sustained improvement, often under special rules for total disability ratings.
• Schedular minimum ratings: Some diagnostic codes have a minimum rating (often 10%) once certain criteria are met. The VA cannot reduce you below that minimum if you still meet the criteria under the code.

Bottom line: The longer you’ve had a rating—and the more protected categories you fall into (static, P&T, age 55+, 5/10/20 years)—the harder it is for the VA to reduce or take it away.

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Why Does the VA Reevaluate VA Disability Ratings?

The VA reevaluates disability ratings because not all service-connected conditions are considered permanent.

Some conditions are expected to improve over time—especially post-surgical conditions, recent injuries, and some mental health conditions in early treatment. VA regulations specifically allow re-examinations when there is a likelihood of improvement.

The VA may re-evaluate your disability rating if:

• The original rating decision specifically scheduled a future exam.
• There is medical evidence (VA or private) suggesting your condition has improved.
• You file a new claim for increase or a new condition that triggers a review of the old one.
• The VA discovers a possible error or inconsistency in prior ratings.

On the flip side, many ratings are never re-evaluated, especially once they fall into the protected categories described above.

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When Will the VA Reevaluate My Disability Rating?

Many veterans are re-examined within 2–5 years of their initial rating for conditions that are not clearly permanent.

Common examples include:

• Mental health conditions (for example, PTSD, depression, anxiety), especially early in treatment.
• Orthopedic conditions after recent surgery or injury.
• Conditions where the evidence suggests possible improvement with time or treatment.

A VA re-evaluation can result in:

• No change in your rating (if your condition is stable).
• An increase in your rating (if your condition has worsened).
• A reduction in your rating (if the VA believes there has been sustained improvement).

Important: If your rating has been in place for 5, 10, or 20 years, or you’re over age 55, the VA must follow additional rules and policies before they can reduce or sever your rating.

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How Will the VA Notify Me About a Reevaluation?

The VA will notify you by mail when they schedule a review examination or propose a rating reduction.

Typically, here’s what happens:

1. You receive a VA letter (and often a notice from a VA contractor) telling you that a Compensation & Pension (C&P) exam has been scheduled.
2. The exam is used to reassess the frequency, severity, and duration of your symptoms and how they impact work, daily life, and social functioning. (See my C&P exam tips).
3. If the VA believes a reduction is warranted, they’ll send a “proposed decision” letter before making the reduction final.

Never skip a C&P exam. If you miss it without good cause, the VA can reduce or even terminate your benefits under their failure-to-report rules.

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What Should I Do If the VA Proposes a Rating Reduction?

If you receive a letter titled something like “Proposed Reduction” or “Proposed Rating Decision”, you need to act fast.

In most cases, you have:

• 60 days to submit evidence showing that your condition has not improved, and
• 30 days to request a personal hearing before the reduction becomes final (under 38 CFR § 3.105(e)).

Here are smart steps to protect your rating:

1. Read the letter carefully. Identify which conditions they want to reduce and why.
2. Get a copy of the C&P exam report. Review what the examiner actually wrote—many reductions are based on incomplete or inaccurate reports.
3. See your treating providers ASAP. Get updated treatment notes and a medical opinion or letter explaining that your condition has not materially improved (or has worsened).
4. Submit strong evidence: Upload:
   • Recent medical records,
   • DBQs (Disability Benefits Questionnaires),
   • Nexus letters or medical opinions, and
   • Lay statements from you and others describing how your symptoms actually affect your life.
5. Consider requesting a hearing. A hearing can put the brakes on the reduction while you present your side of the story.

Do NOT ignore a proposed reduction letter. If you miss the deadlines, the VA can finalize the reduction, and it’s much harder to fix after the fact.

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Conclusion & Wrap-Up

The VA’s 5-Year, 10-Year, and 20-Year Rules are critical protections that prevent the VA from unfairly taking away your hard-earned benefits.

• The VA 5-Year Rule (stabilized ratings) makes it harder for the VA to reduce a rating that’s been in place for 5+ years without clear, sustained evidence of improvement.
• The VA 10-Year Rule protects your service connection from being severed after 10 years (except for fraud or lack of qualifying service).
• The VA 20-Year Rule protects your rating level from being reduced below the lowest level you’ve held for 20 continuous years.

When you add in static conditions, P&T status, age 55 protections, 100% ratings, and schedular minimums, many veterans end up with ratings that are very difficult for the VA to reduce.

That said, the VA still makes mistakes—including proposing illegal or improper reductions.

If the VA attempts to reduce or eliminate your rating, you must act quickly by:

• Attending all C&P exams,
• Getting strong medical evidence,
• Using your 60-day response window and 30-day hearing right, and
• Getting expert help if you feel overwhelmed.

You served. You earned these benefits. And you have real legal protections to keep them!

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