Understanding Important VA Rating Rules (5, 10, and 20-Year Rules Explained!)

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As a veteran navigating the VA disability system, you may wonder if the VA can reduce or terminate your service-connected disability rating over time.

The good news?

There are several VA rating protections in place to help safeguard your benefits.

In this detailed article from VA disability expert Brian Reese, we’ll break down the VA 5-Year Rule, 10-Year Rule, and 20-Year Rule—what they mean, how they work, and how they can impact your disability rating.

Let’s begin!

Summary of Key Points

• VA Rating Reevaluations and Protections: The VA can reevaluate disability ratings if a condition is expected to improve, but there are key protections in place, including the 5-Year Rule, 10-Year Rule, and 20-Year Rule, which safeguard veterans from unfair reductions or eliminations of benefits.

• Understanding the 5, 10, and 20-Year Rules: The 5-Year Rule allows the VA to review ratings within five years if medical evidence suggests improvement. The 10-Year Rule prevents the VA from eliminating a rating after 10 years, except in cases of fraud. The 20-Year Rule ensures a veteran’s rating cannot be reduced below the lowest rating held in that period.

• VA Reevaluation Process and Notifications: The VA notifies veterans by mail and schedules Compensation & Pension (C&P) exams to reassess conditions. Veterans with Permanent and Total (P&T) ratings or conditions deemed permanent (e.g., limb loss, paralysis) are generally exempt from reevaluations.

• Responding to a Proposed VA Rating Reduction: If the VA proposes to reduce a rating, veterans have 60 days to respond with medical evidence proving their condition has not improved. This can include letters from treating physicians, updated medical records, and Disability Benefits Questionnaires (DBQs). Taking timely action is crucial to protecting VA disability benefits.

The VA Disability 5-Year Rule

The VA 5-Year Rule allows the VA to re-evaluate your existing VA disability rating within five years of your initial examination, but only if your disability condition is expected to show material improvement over time.

Key Points of the VA 5-Year Rule

• The VA can schedule a Routine Future Examination (RFE) within the first five years if medical evidence suggests that your condition may improve.

• If your condition hasn’t materially improved over this five-year period, the VA is unlikely to request another re-examination.

• However, the VA can still re-evaluate your rating beyond five years if they have compelling medical evidence that shows significant improvement in your disability.

Exceptions to the VA 5-Year Rule

There are two major exceptions where the VA cannot re-evaluate your rating under the 5-year rule:

• Permanent and Total (P&T) Ratings – If you have been granted a Permanent and Total (P&T) rating, your condition is not expected to improve, and the VA cannot schedule a future examination.

• Disabilities That Are Not Expected to Improve – If a condition is deemed permanent and static (e.g., loss of a limb, paralysis, or a chronic progressive illness), the VA will not require future exams or re-evaluations.

Example of the 5-Year Rule in Action

You were granted a 30% rating for GERD (Gastroesophageal Reflux Disease) three years ago.

Since GERD is not a static condition, the VA may schedule a Routine Future Exam (RFE) before the five-year mark to assess whether your condition has improved or worsened.

The VA Disability 10-Year Rule

The VA 10-Year Rule states that the VA cannot eliminate a disability rating that has been in place for at least 10 years.

Key Points of the VA 10-Year Rule

• After 10 years, the VA cannot sever service connection for a disability unless fraud was involved in the original rating.

• However, the VA can still reduce your rating if medical evidence shows significant improvement in your condition.

Exceptions to the VA 10-Year Rule

Three key exceptions apply:

• Fraud – If the VA determines that your original rating was based on fraudulent information, it can be eliminated, regardless of the 10-year rule.

• Permanent and Total (P&T) Ratings – If you have a P&T rating, your rating is protected and cannot be eliminated or reduced.

• Conditions Deemed Permanent – If your disability is chronic and not expected to improve, the VA is unlikely to re-evaluate or reduce your rating.

Example of the 10-Year Rule in Action

You have had a 70% PTSD rating for 11 years.

The VA cannot eliminate the service connection, but if medical evidence shows material improvement, they could reduce your rating from 70% to 50%.

The VA Disability 20-Year Rule

The VA 20-Year Rule provides even stronger protections by stating that if a VA rating has been in effect for 20 years or more, the VA cannot reduce it below the lowest rating it has held during that period.

Key Points of the VA 20-Year Rule

• If a veteran has maintained a disability rating for 20 years, the VA cannot reduce it below the lowest rating held in that period (except in cases of fraud).

• Even if medical evidence suggests improvement, the VA must maintain at least the lowest rating from the past 20 years.

Exceptions to the VA 20-Year Rule

Three exceptions exist:

• Fraud – If the original rating was based on fraudulent evidence, the VA can eliminate or reduce the rating.

• Permanent and Total (P&T) Ratings – P&T ratings are completely protected under this rule.

• Chronic, Permanent Disabilities – If a condition has been deemed permanent and static, the VA cannot re-evaluate it.

Example of the 20-Year Rule in Action

You have had a 50% rating for Migraine Headaches for 22 years, but 12 years ago, the VA reduced it to 30%.

Under the 20-Year Rule, even if your migraines improve, the VA cannot reduce your rating below 30%.

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

Some VA disability ratings are considered protected and are not subject to routine reevaluations, including:

• Static disabilities (conditions deemed permanent and not likely to improve, e.g., paralysis or amputations)

• Permanent and Total (P&T) VA ratings

• VA ratings in effect for 10+ years

• VA ratings in effect for 20+ years

• Veterans over age 55 (called the 55-year-old-rule, except in unusual circumstances)

• 100% VA ratings (unless substantial medical evidence shows material improvement)

• Schedular minimum ratings (disabilities assigned a minimum percentage rating under the VA’s diagnostic code system, which is usually 10%)

Why Does the VA Reevaluate VA Disability Ratings?

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

If a condition is expected to improve over time, the VA has the authority to review and adjust the rating accordingly.

However, veterans with a Permanent and Total (P&T) rating or conditions deemed unchangeable, such as limb loss, are generally exempt from reevaluation.

Additionally, under the 10-year rule, the VA cannot eliminate a rating that has been in place for 10 or more years, though it can still be reduced if medical evidence shows significant improvement.

When Will the VA Reevaluate My Disability Rating?

If your disability is expected to improve, the VA may schedule a reevaluation within two to five years of your initial exam.

This is common for conditions like mental health disorders, which may fluctuate over time.

VA reevaluations are not always negative—they can lead to an increase in your disability rating if your condition has worsened, no change if your condition remains stable, or a decrease if medical evidence shows improvement.

The VA may also initiate a review if there is clear evidence that your condition has improved or resolved.

However, if your rating has been in place for 10 or more years, it cannot be eliminated—only reduced with compelling medical evidence.

How Will the VA Notify Me About a Reevaluation?

The VA will notify you by mail and schedule a Compensation & Pension (C&P) exam to assess the frequency, severity, and duration of your symptoms and how they impact your work, life, and social functioning.

It is critical that you attend this exam because missing it can result in your benefits being reduced or terminated.

A reevaluation notice does not automatically mean your benefits will be reduced.

If your condition remains unchanged, your current rating is likely to stay the same.

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

If the VA proposes to reduce your disability rating, you have 60 days to respond.

To challenge the reduction, you must provide medical evidence proving your condition has not improved.

Have your treating physician write a medical opinion supporting your claim, upload recent medical records showing ongoing symptoms and treatment, and provide any DBQs, nexus letters, or other supporting evidence.

Act quickly and respond within the 60-day window to protect your VA disability rating.

Conclusion & Wrap-Up

The VA’s 5, 10, and 20-Year Rules are critical protections that ensure veterans don’t unfairly lose their benefits.

However, if the VA attempts to reduce or eliminate your rating, you must act quickly by submitting medical evidence and seeking legal representation if necessary.

If you need help protecting your VA disability benefits, don’t wait—get expert assistance today!

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