What is the VA 5-Year Rule for Disability?

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If you’ve ever worried, “Can the VA just cut my rating whenever they feel like it?” you’re not alone.

The VA disability 5 year rule is one of the key protections that helps stabilize your rating and makes it harder for the VA to reduce you once you’ve held the same percentage for a while.

What is the VA 5-Year Rule? Everything Veterans Need to Know About Stabilized Ratings (Video Explainer)

Watch this 2-minute video where VA disability expert Brian Reese explains the VA 5-year rule with an example.

@vaclaimsinsider

What is the VA disability 5-year rule? Everything veterans need to know about stabilized ratings! If you’ve ever thought, “Can the VA just cut my rating whenever they feel like it?” this video is for you. The VA 5-year rule says: ➡️ If your VA rating for a specific condition has stayed at the same percentage for 5+ continuous years, the VA must treat that rating as “stabilized.” Once a rating is stabilized: ✅ The VA can’t just drop it because of one quick or “good” C&P exam ✅ They must show real, measurable improvement in your condition ✅ That improvement has to show up in everyday life and work, and be likely to last ✅ VA carries the burden of proof under 38 C.F.R. § 3.344 In this video, I break down: ⚖️ What the 5-year rule actually says in plain English 🧠 Example: 70% PTSD held more than 5 years 📉 Example: When VA tries to drop a rating below what you’ve had long-term ❓ FAQs: – Does the 5-year rule mean VA can never reduce me? – Does it apply to each condition or just my combined rating? – When do the 5 years start? – Do I still have to go to C&P exams? – How does it fit with the 10-year and 20-year rules? – What can I do if VA proposes a reduction anyway? Bottom line: The 5-year rule raises the bar for the VA to cut a rating you’ve had for 5+ years. It forces them to look at your full medical history, not just one exam or one “good day.” If they come after a stabilized rating, you can fight back with medical evidence, lay statements, and the law on your side. #vaclaims #vadisability #vabenefits #varating #disabledveteran

♬ original sound – VA Claims Insider

Summary of Key Points

• The VA 5-year rule says if your disability has been rated at the same percentage for 5+ continuous years, that rating is considered “stabilized.”

• Once stabilized, the VA can’t just lower your rating based on one “good” exam—they must prove real, sustained improvement in your day-to-day functioning under 38 C.F.R. § 3.344.

• The rule applies to each individual condition and percentage, not just your combined rating, and VA carries the burden of proof in any proposed reduction.

• If VA proposes a reduction on a rating you’ve had for 5+ years, you can (and should) challenge it with medical records, lay statements, and the 5-year rule protections to fight an unfair cut.

Definition of the VA Disability 5-Year Rule

If your VA rating for a condition has stayed at the same percentage for 5 or more continuous years, the VA must treat it as “stabilized.” That means the VA can’t lower it just because of one inadequate C&P exam.

To legally reduce your rating, they have to show that:

• Your condition has truly improved in a meaningful, measurable way, and
• That improvement is real in everyday life and likely to last (not just you having a rare “good day” at the doctor’s office).

This protection comes from:

• 38 C.F.R. § 3.344 (Stabilization of disability evaluations), which says special protections apply to ratings that have continued at the same level for “long periods” (5 years or more).
• The VA’s internal manual, M21-1, Part X, Subpart ii, Chapter 4, Section A.2.a, which instructs raters to consider stabilization when a disability percentage has been at the same level for five or more years and to apply § 3.344 before reducing.

Case law like Brown v. Brown also reinforces that in any rating reduction, VA must show both:

• Actual improvement in the disability, and
• Improvement in your ability to function under ordinary life and work conditions.

On top of that, VA’s own guidance makes it clear that in reduction cases, VA has the burden of proof—not you.

So what does the 5 year rule really do for you?

• It raises the bar for the VA to reduce a rating you’ve had at the same percentage for 5+ years.
• It forces VA to look at your entire medical history, not just one “good day” Compensation & Pension (C&P) exam.

Example #1: 70% PTSD for More Than 5 Years

Let’s apply the 5 year rule to a real-world style scenario.

Scenario:

• You’re rated 70% for PTSD, effective January 1, 2019.
• In 2025, VA orders a review C&P exam.
• The examiner notes you “seem better” that day and suggests a 50% rating.
• VA sends you a proposed reduction from 70% to 50%.

By the time the reduction would actually take effect, your 70% rating has been in place for more than 6 years.

Under the VA disability 5 year rule and 38 C.F.R. § 3.344:

• Your 70% PTSD rating is considered a stabilized evaluation.
• VA cannot lawfully drop you based only on one “good” exam if:
  • Your treatment records still show serious PTSD symptoms and functional limitations, and
  • There’s no clear pattern of sustained improvement in daily life and work.

You (or your representative) can argue that:

• The exam captured a snapshot on a good day, not your usual baseline.
• The new exam is less thorough than prior exams and does not fully address your worst symptoms.
• Under § 3.344 and VA policy, VA has not met its burden to prove lasting improvement.

Result: the 5 year rule gives you a strong legal and procedural basis to challenge the proposed reduction and push to keep your 70% rating.

Example #2: 20% → 40% → Proposed Drop Below 20%

Here’s another situation covered directly in VA’s M21-1 guidance.

Scenario:

• Your back condition was rated 20%, and that 20% rating stayed in place for more than 5 years.
• VA later increased your back rating to 40%, which has only been in place for 2 years.
• A new exam suggests your symptoms now line up with 10%, and VA proposes a reduction to 10%.

Here’s the key under the 5 year rule and 38 C.F.R. § 3.344, as explained in M21-1:

• The VA must look at the fact that you’ve had at least 20% for 5+ years.
• Before they can reduce you below 20%, they must apply the full stabilization protections of § 3.344:
  • Thorough, adequate examinations (at least as complete as the prior ones),
  • Evidence of sustained improvement over time, and
  • Proof that improvement will be maintained in ordinary conditions of life and work, not just in the exam room.

Even though the 40% rating is newer, that long-standing 20% level is still protected by the VA disability 5 year rule. VA can’t just drop you down to 10% without satisfying that higher evidentiary standard.

Frequently Asked Questions (FAQs)

Does the 5 year rule mean the VA can’t ever reduce my rating?

No. The 5 year rule does not make your rating untouchable.

It means once a rating for a specific condition has been at the same percentage for 5 or more continuous years, VA must treat it as stabilized and can only reduce it if they:

• Use a thorough, adequate exam, and
• Show real, sustained improvement in your functioning under ordinary life and work conditions.

These protections come from 38 C.F.R. § 3.344 and the M21-1 manual.

Does the 5 year rule apply to my combined rating or each condition?

The 5 year rule applies to each individual disability evaluation, not just your combined rating.

For example:

• Your back could be stabilized at 20% because it has been 20% for more than 5 years.
• Your PTSD might have a newer rating that hasn’t reached 5 years yet.

Each separate disability and percentage is evaluated on its own history under § 3.344 and M21-1.

When do the 5 years start?

The 5 year clock typically starts from the effective date of that specific percentage for that specific condition, as shown on your rating decision or VA code sheet.

If the VA proposes a reduction, you look at:

• The effective date of the current rating, and
• The proposed effective date of the reduction.

If that period is 5 or more continuous years, the VA disability 5 year rule may apply and the rating should be treated as stabilized.

Do I still have to go to C&P exams after 5 years?

Yes. If VA properly schedules a review exam, you generally must attend. Failure to report can lead to reduced or terminated benefits under 38 C.F.R. § 3.655.

What changes after 5 years is how VA can use the results. For a stabilized rating, they cannot reduce you just because you had one decent exam; they need strong, consistent evidence that your disability has truly and sustainably improved.

How does the 5 year rule fit with the 10 and 20 year rules?

The 5 year rule is your first layer of long-term protection. There are additional rules that kick in later:

• 5 year rule (38 C.F.R. § 3.344): stabilizes the evaluation level; VA must prove sustained improvement to reduce.
• 10 year rule (service connection protection): once a condition has been service connected for 10+ years, VA generally cannot sever service connection except for fraud. You can read more about this in What Is the VA 10 Year Rule?
• 5-10-20 year rules together: For a full breakdown of how the 5-, 10-, and 20-year protections work, see VA 5, 10, and 20-Year Rules Explained.

There are also other protections (like the 55-year rule for certain reexams) discussed in What Is the 55 Year Rule for VA Disability?

What if the VA reduces my rating anyway?

If the VA finalizes a reduction and you believe they ignored the 5 year rule or misapplied the law, you can use VA’s modern decision review system to challenge that decision.

VA outlines your options (Supplemental Claim, Higher-Level Review, and Board Appeal) on its official decision review page.

In many cases, you’ll gather updated medical and lay evidence, then pursue the review option that gives you the best shot at restoring the proper rating.

Conclusion & Wrap-Up

So, what is the VA 5 year rule for disability?

If your VA disability rating for a specific condition has stayed at the same percentage for 5 or more continuous years, that rating is considered stabilized. Under 38 C.F.R. § 3.344, the VA can only reduce that rating by proving real, sustained improvement in your day-to-day functioning—not just a one-off “good” exam.

The 5 year rule does not mean your rating is permanent, but it does:

• Put the burden on VA to justify any reduction,
• Require VA to use full and adequate examinations, and
• Force VA to show , not temporary ups and downs.

If you’re confused about your rating or how VA evaluates your disability, you can always review the basics of how ratings work on the VA’s disability compensation page.

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