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If you’ve ever thought, “I’ve had this rating for years…can the VA just take it away?” you’re not alone!
The VA 10 Year Rule is one of the most important long-term protections in VA disability law. It doesn’t freeze your percentage, but it does put a powerful shield around something even more fundamental: your service connection.
Once you understand how this rule works, you’ll have a much clearer picture of what VA can—and cannot—do to your benefits after 10 years.
Table of Contents
Summary of Key Points
- The VA 10 Year Rule protects your service connection (not your rating percentage) once a condition has been service connected for 10+ years—VA generally can’t sever it unless there was fraud or you didn’t have qualifying service/character of discharge.
- This 10-year protection applies separately to each disability, and VA counts the total time service connection has been in effect (even with breaks like a return to active duty), not just one continuous payment period.
- VA can still change your rating percentage (up or down) if the evidence shows real improvement or worsening and it follows proper reduction rules, but the fact that the condition is service connected stays protected after 10 years.
- The VA 10 Year Rule works alongside the 5 Year Rule (protects stabilized ratings from easy reduction) and the 20 Year Rule (protects long-held rating levels), giving your benefits more legal stability the longer you’ve been service connected.
Definition of the VA 10-Year Rule
If a disability (or cause of death) has been service connected for 10 or more years, the VA generally cannot take away (sever) service connection for that condition, unless the original grant was based on fraud or VA later discovers that you did not have qualifying service or a valid character of discharge.
This protection comes from:
- 38 C.F.R. § 3.957, which implements the statutory protection in 38 U.S.C. § 1159 and explains when service connection can and cannot be severed after 10 years.
VA’s internal manual (M21-1 Adjudication Manual) has a section on Ten-Year Protected Service Connection under 38 C.F.R. 3.957 that tells raters how to apply this rule in real cases.
It’s crucial to keep one thing straight:
- The VA 10 Year Rule protects service connection itself, but
- Your rating percentage can still go up or down if the medical evidence shows improvement or worsening and VA follows the correct rating-reduction or increase procedures.
Where the VA 10 Year Rule Comes From
38 C.F.R. § 3.957: Protection of Service Connection
Under 38 C.F.R. § 3.957, once service connection for a disability (or for the cause of death) has been in effect for 10 or more years, it is generally protected from severance. VA can only sever service connection after 10 years if:
- The original grant was based on fraud, or
- It is clearly shown from military records that the person did not have the required service or a qualifying character of discharge.
Even if VA now believes the original decision was “wrong” or a clear and unmistakable error (CUE), once the 10-year protection applies, VA cannot sever service connection on that basis alone. After 10 years, only fraud or qualifying service/character-of-discharge problems can justify severance.
M21-1 Guidance on Ten-Year Protected Service Connection
M21-1 VA Adjudication Manual explains that:
- Service connection is considered protected once it has been in effect for 10 or more years.
- Raters should only propose severance after 10 years if there is evidence of fraud or clear evidence that the veteran did not have qualifying service or a valid character of discharge.
- Even when service connection was originally granted in error, once protected, it is treated as if it were properly granted—again, subject only to the fraud/service exceptions.
The manual also notes that a protected disability can still be increased if the facts support it, and secondary conditions can be service connected to a protected disability when warranted by the evidence.
There are also special statutory rules for disabilities caused by willful misconduct or certain types of alcohol or drug abuse. Protection of service connection does not override legal limits on paying compensation for those situations. VA may recognize the condition as service connected but still be barred from paying benefits in some cases.
How the VA 10 Year Rule Works in Practice
Protection From Severance, Not From Rating Reductions
The VA 10 Year Rule does not freeze your rating percentage. Instead, it protects the underlying fact that VA has accepted the disability as service connected.
That means:
- VA can still order exams and may propose to reduce your rating if it believes the medical evidence shows improvement, using reduction rules such as 38 C.F.R. § 3.105, § 3.344, and § 3.343.
- After 10 years, VA generally cannot say, “This condition is no longer service connected,” and completely erase service connection, unless fraud or lack of qualifying service/character of discharge is proven.
Think of it like this:
- The VA 5 Year Rule (under 38 C.F.R. § 3.344) protects stabilized ratings from being reduced too easily.
- The VA 10 Year Rule (38 C.F.R. § 3.957) protects service connection itself from severance.
- The 20 Year Rule (38 C.F.R. § 3.951(b)) protects ratings from being reduced below the level you’ve held for 20 or more years.
For a full breakdown of how the 5-, 10-, and 20-year protections work together, see our article: VA 5, 10, and 20-Year Rules Explained.
How the 10-Year Clock Is Calculated
VA measures the 10-year period:
- From the effective date of the VA finding of service connection for that disability (or cause of death),
- To the effective date of the rating decision that severs service connection, after VA follows the severance procedures in 38 C.F.R. § 3.105(d).
It is based on the effective dates, not just the dates the rating decisions were signed.
VA’s General Counsel has explained that an award of service connection that is later found erroneous, but was made effective more than 10 years in the past, is treated the same as if it had been continuously in effect for 10 or more years. Once the 10-year mark is reached, service connection is generally protected from severance under 38 U.S.C. § 1159 and 38 C.F.R. § 3.957—again, subject only to the fraud/service/character-of-discharge exceptions.
Breaks in Benefits and Return to Active Duty
M21-1 makes clear that protection under 38 C.F.R. § 3.957 does not require continuous payment of benefits. VA looks at the total time a disability has been service connected, even if there are breaks in payment.
Example:
- You are service connected for a knee condition for 4 years.
- You return to active duty for 6 years; your VA benefits are suspended during this time.
- After discharge, VA reinstates your service connection and pays benefits for another 6 years.
When VA later reviews your claim, it counts the 4 years before active duty plus the 6 years after reinstatement as 10 total years of service connection. As a result, the knee condition is protected from severance under the VA 10 Year Rule (again, absent fraud or service/character issues).
Examples of the VA 10-Year Rule in Action
Example #1: 30% GERD – VA Tries to Sever After 11 Years
- You were granted service connection for GERD at 30%, effective January 1, 2014.
- In 2025, a new VA rater reviews your file and believes the original decision was incorrect.
- They propose to sever service connection for GERD entirely.
By the time severance would take effect, your GERD has been service connected for more than 11 years. Under the VA 10 Year Rule and 38 C.F.R. § 3.957:
- Service connection for GERD is protected.
- VA cannot legally sever service connection just because it now believes the old decision was wrong or a clear and unmistakable error.
- To sever after 10 years, VA must prove either:
- The original grant was based on fraud, or
- Military records clearly show you did not have the required service or a qualifying character of discharge.
Your rating for GERD could still be increased or decreased based on the evidence and proper reduction procedures, but the fact that GERD is service connected generally cannot be taken away.
Example #2: 20% Knee – Rating Reduced, But Service Connection Protected
- You have been service connected for right knee arthritis at 20% since 2012.
- In 2024, you attend a C&P exam, and the examiner notes improvement in range of motion.
- VA proposes to reduce your rating to 10%.
The VA 10 Year Rule works like this:
- By 2024, you have been service connected for the knee for 12 years.
- Under 38 C.F.R. § 3.957, service connection for the knee is protected from severance (again, unless fraud or qualifying service/discharge issues are proven).
- However, VA is allowed to reduce the rating from 20% to 10% if:
- The medical evidence really shows improvement, and
- VA follows the proper reduction rules and due process requirements.
Bottom line: your monthly payment may go down, but VA generally cannot state that your knee is “no longer service connected” and wipe out the disability entirely once the 10-year protection applies.
Example #3: Protected Cause of Death for a Surviving Spouse
- VA grants a surviving spouse Dependency and Indemnity Compensation (DIC) because it finds the veteran’s death was service connected.
- That service-connected cause-of-death decision has been in effect for more than 10 years.
Under 38 C.F.R. § 3.957, VA generally cannot later sever service connection for the cause of death after 10 years, unless the original grant was based on fraud or military records show the veteran did not have qualifying service or a valid character of discharge.
Don’t confuse this with the separate “10-year” DIC rule under 38 U.S.C. § 1318, which deals with how long a veteran was rated totally disabled before death for certain DIC eligibility. The VA 10 Year Rule discussed here is about protecting an existing service-connected cause-of-death finding from being severed, not about qualifying for DIC in the first place.
Pro Tips: Using the VA 10 Year Rule to Your Advantage
- Know your effective dates. Get a copy of your VA Rating Code Sheet and identify the effective date for each service-connected condition. Once a condition hits 10 years, that service connection gains extra protection.
- Separate “service connection” from “rating percentage.” The 10 Year Rule protects whether the condition is service connected at all, not the specific percentage you’re getting paid at.
- Watch for proposed severances. A proposed reduction in your rating is not the same as a proposed severance of service connection. If VA is trying to sever a condition you’ve had for 10+ years, that’s a major issue to challenge.
- Use VA’s decision review options. If VA ignores the 10-year protection and severs service connection anyway, you can challenge that decision through a Supplemental Claim, Higher-Level Review, or Board Appeal using VA’s decision review process.
Frequently Asked Questions (FAQs)
1. Does the VA 10 Year Rule mean my rating can never be reduced?
No. The VA 10 Year Rule protects service connection, not your rating percentage.
VA can still reduce your rating if:
- The medical evidence shows real improvement, and
- VA follows the correct due process and reduction regulations.
What the 10 Year Rule generally prevents is VA completely terminating service connection for a disability that has been service connected for 10 or more years, unless there is fraud or lack of qualifying service/character of discharge.
2. Does the VA 10 Year Rule apply to each condition separately?
Yes. Protection is tied to each individual service-connected disability, not your combined rating.
For example:
- Your back may be protected by the VA 10 Year Rule if it has been service connected for 10+ years.
- Your migraines might have a newer rating that has not yet reached 10 years of service connection.
Each condition has its own 10-year clock based on the effective date of service connection for that specific disability.
3. Do disabilities compensated under 38 U.S.C. § 1151 get 10-year protection?
Yes. VA’s manual explains that the 10-year protection under 38 U.S.C. § 1159 and 38 C.F.R. § 3.957 also applies to disabilities compensated under 38 U.S.C. § 1151 (certain injuries caused by VA medical care or vocational rehabilitation).
4. Does changing the diagnostic code or exact body site break the 10-year protection?
Usually, no. M21-1 explains that service connection is not severed just because VA corrects the diagnostic code or the exact site of the disability to more accurately describe the condition.
For example:
- A disability rated under one arthritis code can be recharacterized under a more accurate arthritis code, and
- A scar originally described on the left side can be corrected to the right side if the service records support that.
In those situations, the underlying service connection—and its 10-year protection—remain in place.
5. How does the VA 10 Year Rule fit with the 5 and 20 Year Rules?
Here’s how the three main protection rules work together:
- 5 Year Rule – Under 38 C.F.R. § 3.344, once a rating has been at the same level for 5 or more years, VA must show sustained improvement before reducing it.
- VA 10 Year Rule – Under 38 C.F.R. § 3.957, after 10 years of service connection, VA generally cannot sever service connection except for fraud or lack of qualifying service/character of discharge.
- 20 Year Rule – Under 38 C.F.R. § 3.951(b), once a rating has been in place for 20 or more years, it generally cannot be reduced below the level you’ve held for those 20+ years, unless it was based on fraud.
For a deeper dive on all three protections together, revisit: VA 5, 10, and 20-Year Rules Explained.
Conclusion & Wrap-Up
If you’re looking at your code sheet and wondering whether the VA 10 Year Rule protects your conditions—or you just received a scary letter proposing severance or reduction—you do not have to figure this out alone.
At VA Claims Insider, we help veterans:
- Understand their effective dates, protected ratings, and rule-based protections under the 5-, 10-, and 20-year rules,
- Spot when VA may be ignoring these protections or misapplying the law, and
- Build strong medical and lay evidence to challenge bad decisions through VA’s decision review options.
To learn more about how VA disability ratings work in general, check out VA’s own pages on disability ratings and VA disability compensation.
If you’re ready for clarity and a game plan for your VA disability benefits, your next step is to reach out and get the education and support you’ve earned.
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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.
