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If you’re a veteran approaching age 55 (or you’re already there), you’ve probably heard this line: “Once you hit 55, the VA can’t mess with your rating.”
Here’s the truth—straight, accurate, and fact-checked:
The “VA 55-year-old rule” is real, and it’s powerful. But it does not create automatic, blanket protection from a rating reduction.
What it does do is limit the VA’s ability to schedule routine future reexaminations (sometimes called RFEs) once you’re 55 or older, unless certain exceptions apply.
In this article from VA disability expert Brian Reese, we’ll walk you through:
- Where the 55-year-old rule comes from (38 C.F.R. & M21-1)
- What it protects (and what it doesn’t)
- When VA can still order an exam after 55
- Exactly what to do if VA proposes to reduce your benefits
- Examples, FAQs, and how this rule stacks with the 5-, 10-, and 20-year protections
Table of Contents
Summary of Key Points
- The VA 55-year-old rule (38 C.F.R. § 3.327) generally limits routine future reexaminations once you’re 55 or older, unless a specific regulation requires an exam or “unusual circumstances” apply.
- Turning 55 does not make your rating untouchable—VA can still order exams tied to a new claim, surgery/temporary ratings, or other valid triggers, and any reduction must follow the proper legal framework.
- If VA proposes a reduction, due process matters: you typically have time to submit evidence and you can request a predetermination hearing under 38 C.F.R. § 3.105.
- The strongest long-term protections come from other rules working alongside age 55—especially the 5-year stabilization rule (38 C.F.R. § 3.344), 10-year service-connection protection (38 C.F.R. § 3.957), 20-year protected evaluation level (38 C.F.R. § 3.951), and total/TDIU safeguards (38 C.F.R. § 3.343).
Quick Definition: What Is the VA 55-Year-Old Rule?
The VA 55-year-old rule is a rule about routine future reexaminations (RFEs).
Under 38 C.F.R. § 3.327, the VA generally should not request periodic future examinations in certain situations. One of those situations is when the veteran is over age 55, except under unusual circumstances.
The VA’s internal “how raters do it” guidance (the M21-1 manual) reinforces this and adds a key nuance: if you’ll be 55 or older by the time the reexamination would actually occur, the rater generally should not schedule it unless required by regulation or compelled by unusual circumstances. See: M21-1, Part IV, Subpart ii, Chapter 1, Section A.
Big Clarification: The 55 Rule Limits Routine Exams—Not All Rating Changes
This is the most important part.
What the 55-year-old rule DOES
- Helps prevent the VA from scheduling routine future reexams just to “check” whether you improved.
- Reduces the most common pathway to rating reductions (an RFE leading to a lower evaluation).
What the 55-year-old rule DOES NOT do
- It does not create a permanent “shield” that stops all future exams.
- It does not prevent VA from ordering an exam tied to a new claim, an increase, secondary conditions, or certain special benefits.
- It does not override the VA’s legal reduction framework (due process and the rules VA must follow to reduce benefits).
If you want the “punchline” in plain English:
After 55, VA usually shouldn’t schedule routine reexams—but VA can still reevaluate in certain situations and can still propose a reduction if it follows the law.
Why VA Can Still “Reevaluate” You (Even After 55)
The VA always reserves the right to conduct a reexamination when it’s needed to verify the current severity of a disability. The “55 rule” mainly blocks automatic or routine future exams.
Here are common real-world triggers that can still lead to exams after 55:
- You file a new claim (new condition, secondary condition, increase, SMC, SAH/SHA, etc.).
- You have surgery or a temporary rating situation that requires follow-up evaluation.
- VA believes unusual circumstances exist (fact-specific determination).
- A specific regulation requires an exam (the M21-1 explicitly recognizes this “required by regulation” exception).
If you’re trying to decide whether to file at age 55+, we teach the same “VACI” approach:
- File smart (evidence-first, strategy-first).
- Don’t rely on myths. Rely on strong medical and functional evidence.
- Understand the risk, then make a calculated decision.
The Other “No Routine Exam” Situations VA Must Consider
Age 55 is just one of multiple “no periodic future exams” situations in 38 C.F.R. § 3.327(b)(2).
In service-connected cases, VA generally should not schedule routine future exams when:
- The disability is static (not expected to improve).
- Symptoms/findings have continued without material improvement for 5+ years.
- The condition is permanent in character with no likelihood of improvement.
- The veteran is over 55 (except under unusual circumstances).
- The evaluation is a prescribed schedular minimum.
- A reduction would not change the combined evaluation.
Related reading that helps veterans understand “static” conditions and why they matter for VA disability:
Example #1: PTSD Increase at 54—But You’ll Be 55 When the Exam Would Happen
Scenario: A veteran is born on March 7, 1963. He files for an increase for service-connected PTSD currently rated at 50%. The medical evidence supports an increase to 70%. The records also show he recently started weekly therapy, and improvement is possible.
What VA does with the rating: If the evidence supports 70%, VA should grant 70%.
The key question: Will VA schedule a routine future exam (RFE) to check later for improvement?
Why the 55 rule matters: Under M21-1 guidance, if the veteran will have reached or surpassed age 55 by the time the reexamination would be conducted, the rater generally should not schedule the routine reexamination unless required by regulation or compelled by unusual circumstances.
Result: The 70% can be awarded and treated as “no routine future exam scheduled” (often described as “static” in practice on the code sheet) because a routine exam set for a few years out would occur after the veteran turns 55.
Important warning: This does not mean the rating can never change. It means VA generally should not set up an automatic future exam just to check improvement.
If you want more PTSD-specific protection concepts (5-year stabilization and what “sustained improvement” really means), read:
Example #2: Knee Surgery After 55—A Follow-Up Exam Can Still Happen
Scenario: A 56-year-old veteran has surgery related to a service-connected knee condition and is granted a temporary 100% evaluation during convalescence.
What happens next: Temporary ratings are, by nature, meant to be reevaluated after the recovery period to determine the appropriate long-term rating.
Result: Even though the veteran is over 55, VA can still schedule a follow-up exam because the exam is not a “routine future exam” in the ordinary sense—it’s tied to a temporary situation that requires reassessment.
This is why you should never assume “55 means no exams ever.” It means “no routine exams unless exceptions apply.”
Helpful read on the difference between temporary and permanent ratings:
Example #3: Filing a New Secondary Claim After 55 Can Trigger Exams
Scenario: A 60-year-old veteran is rated 50% for migraines and 30% for GERD. He files a new secondary claim for sleep apnea and also applies for Special Monthly Compensation (SMC) based on additional severity and limitations.
What happens: VA may order exams related to the new claim and may review the broader file. Once VA has a lawful reason to schedule exams, it may evaluate current severity of conditions involved in the claim or closely related issues (depending on the facts).
Result: The veteran can still win the new benefits—but he should file with a strong evidence package and understand that “55+” does not stop exams connected to new claims.
If you want a full breakdown on the reevaluation process and how often VA does it, read:
How to Tell If VA Scheduled a Future Exam (RFE)
There are two practical ways to know whether VA planned a future reexamination:
1) Review your VA Rating Decision
Some decision letters include language like “future examination” or “no future exams are scheduled.”
2) Get your VA Rating Code Sheet
Your VA disability rating code sheet is where the VA often documents whether a condition is static and whether an RFE was set.
If VA Proposes to Reduce Your Rating: The Rules You Must Know
If you ever receive a proposed reduction letter, do not ignore it.
The VA must generally follow due process under 38 C.F.R. § 3.105 before it can finalize a reduction. That includes:
- A window to submit evidence (commonly discussed as a 60-day due process period).
- The right to request a predetermination hearing (commonly within 30 days of notice).
Two VACI-style pro tips:
- Request the hearing fast if you need time and want your voice heard.
- Submit strong evidence (DBQs, treatment notes, lay statements, work impact) within the allowed timeframe.
If you want the step-by-step playbook, start here:
Do NOT skip your C&P exam
Regardless of what others are saying right now, missing a VA claim exam can absolutely damage your claim for disability benefits. The rules on “failure to report” are addressed in 38 C.F.R. § 3.655. Practical VACI guidance here:
How the 55 Rule Stacks With Real “Protection” Rules (5, 10, 20, and Total Ratings)
Veterans often confuse “no routine reexams” with “legally protected ratings.” They’re not the same.
5-Year Rule (Stabilized Ratings)
If a rating has been in place for 5 or more years, VA must meet stronger standards to reduce it under 38 C.F.R. § 3.344.
10-Year Rule (Protected Service Connection)
After 10 years, VA generally cannot sever service connection except for fraud or lack of qualifying service/character of discharge under 38 C.F.R. § 3.957.
20-Year Rule (Protected Evaluation Level)
After 20 years, VA generally cannot reduce the evaluation below the protected level (absent fraud) under 38 C.F.R. § 3.951.
100% Ratings and TDIU (Higher Reduction Standard)
Total ratings (including TDIU) have additional protections under 38 C.F.R. § 3.343 and also require due process under 38 C.F.R. § 3.105.
Frequently Asked Questions (FAQs)
Is the VA 55-year-old rule a law or just a policy?
The age-55 limitation on routine reexams is written into federal regulation at 38 C.F.R. § 3.327. The M21-1 manual explains how VA raters apply it in practice.
Does turning 55 automatically make my rating “protected” from reduction?
No. It mainly limits routine reexams. If VA proposes a reduction, it must still follow 38 C.F.R. § 3.105 and the appropriate reduction standards (like 38 C.F.R. § 3.344 for stabilized ratings).
Can VA schedule a C&P exam after 55?
Yes, in certain situations—especially if required by regulation, compelled by unusual circumstances, or connected to a new claim or temporary rating situation.
What does “unusual circumstances” mean?
The regulation doesn’t provide a single universal definition. In practice, it’s fact-specific and determined by the rating activity based on the evidence and the reason VA believes an exam is needed.
Will filing a new claim after 55 trigger reevaluations?
It can. VA may order exams for the new claim, and the broader record may be reviewed depending on the facts. This is why you file evidence-first and strategy-first.
If VA proposes to reduce me, what should I do first?
Read the letter carefully, track deadlines, and consider requesting a hearing under 38 C.F.R. § 3.105. Then submit strong medical and functional evidence.
Where can I learn how VA decision reviews work if I disagree with a decision?
Start with VA’s official pages:
Conclusion & Wrap-Up
- The VA 55-year-old rule is real and comes from 38 C.F.R. § 3.327.
- It generally limits routine future exams after 55, unless exceptions apply.
- It does not guarantee your rating can never change—reductions are governed by due process and specific reduction standards.
- The strongest long-term protections come from the 5-year rule, 10-year rule, 20-year rule, and total-rating/TDIU standards under 38 C.F.R. § 3.343.
If you want to learn the basics of VA disability compensation and how VA describes the benefit, start here: VA.gov disability compensation.
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Content Reviewed By
Quality Assurance Team
The Quality Assurance (QA) team at VA Claims Insider has extensive experience researching, fact-checking, and ensuring accuracy in all produced content. The QA team consists of individuals with specialized knowledge in the VA disability claims adjudication processes, laws and regulations, and they understand the needs of our target audience. Any changes or suggestions the QA team makes are thoroughly reviewed and incorporated into the content by our writers and creators.
About The Author
Brian Reese
Brian Reese is a world-renowned VA disability benefits expert and the #1 bestselling author of VA Claim Secrets and You Deserve It. Motivated by his own frustration with the VA claim process, Brian founded VA Claims Insider to help disabled veterans secure their VA disability compensation faster, regardless of their past struggles with the VA. Since 2013, he has positively impacted the lives of over 10 million military, veterans, and their families.
A former active-duty Air Force officer, Brian has extensive experience leading diverse teams in challenging international environments, including a combat tour in Afghanistan in 2011 supporting Operation ENDURING FREEDOM.
Brian is a Distinguished Graduate of Management from the United States Air Force Academy and earned his MBA from Oklahoma State University’s Spears School of Business, where he was a National Honor Scholar, ranking in the top 1% of his class.
