Can VA Reduce Your Rating? The 5, 10 and 20-Year Rules Explained

Yes, VA can reduce a disability rating, but only by following set rules, and some ratings are protected. Before cutting your payments VA must send a proposed reduction and give you 60 days to send evidence, and you can ask for a hearing within 30 days to keep your payments at the current level until it decides (38 C.F.R. § 3.105(e) and (i)). A rating held 5 years or more can't be reduced on one exam without sustained improvement (§ 3.344), service connection in place 10 years can't be taken away except for fraud or a service-record problem (§ 3.957), and a rating held 20 years can't be cut below that level except for fraud (§ 3.951(b)).

These are often called the "5, 10, and 20-year rules." Here is what each one actually does, and what to do if a proposal arrives.

How a reduction has to happen

Under 38 C.F.R. § 3.105(e), when VA thinks a lower rating is warranted and it would lower your payments:

1. 1VA prepares a proposed rating explaining the facts and reasons.
2. 2You get notice and 60 days to send evidence that the rating should stay.
3. 3If nothing changes VA's mind, it issues a final decision. The reduction takes effect at the end of the month in which 60 days from the notice of that final decision run out.

Under § 3.105(i), the notice also tells you that you can request a predetermination hearing. If VA receives the request within 30 days of the notice, your payments continue at the current level until a decision is made after the hearing.

If one rating drops but your combined rating and payment stay the same, these notice steps generally don't apply, because the payment isn't being reduced.

The 5-year rule: stabilized ratings

38 C.F.R. § 3.344 protects ratings that have continued at the same level for 5 years or more. For those:

• VA must review the entire record, not just the latest exam.
• An exam less full and complete than the one the rating was based on can't be used to reduce it.
• Conditions that improve and worsen in episodes (the regulation names examples like asthma, epilepsy, many skin diseases, and psychiatric conditions) won't be reduced on any one examination unless all the evidence clearly shows sustained improvement.
• Even when improvement is clear, VA must consider whether it is reasonably certain to last under the ordinary conditions of life.

This protection doesn't apply to conditions that haven't stabilized and are likely to improve.

The 10-year rule: service connection

Under 38 C.F.R. § 3.957, service connection that has been in effect for 10 or more years won't be severed unless the original grant was based on fraud, or military records clearly show you didn't have the required service or character of discharge.

This protects the connection, not the percentage. A condition service-connected for 12 years is still service-connected, but its rating can still go down if the 5-year rule and the notice steps are followed.

The 20-year rule: protected ratings

Under 38 C.F.R. § 3.951(b), a disability continuously rated at or above a level for 20 or more years won't be reduced below that level except on a showing of fraud. The 20 years run from the effective date of the rating to the effective date of the proposed reduction.

If you have held 30 percent for a condition since 2005, for example, that condition can't drop below 30 percent. It can still go up.

Reexaminations: when VA schedules a future exam

VA can ask for a reexamination whenever it needs to check a condition, and you are required to report (38 C.F.R. § 3.327(a)). Under § 3.327(b)(2), VA generally won't schedule routine future exams when:

• the disability is static,
• it has persisted without material improvement for 5 years or more,
• it is permanent and unlikely to improve,
• you are over 55, except in unusual circumstances,
• the rating is a prescribed minimum rating, or
• a lower result wouldn't change your combined rating.

Do not skip a reexamination. If you miss one without good cause, VA sends a notice and gives you 60 days to agree to report or send evidence, after which payment for that condition can be stopped or reduced (38 C.F.R. § 3.655(c)). If you can't make the date, contact VA right away to reschedule; illness and a death in the family are examples of good cause in the regulation.

Total ratings and TDIU

• A 100 percent rating (other than one given for a hospital stay, surgery, or TDIU) won't be reduced without an exam showing material improvement, judged under the ordinary conditions of life (38 C.F.R. § 3.343(a)).
• A TDIU rating can't be reduced just because you started working unless you keep that job for 12 consecutive months (§ 3.343(c)(2)). See the TDIU guide.
• A permanent and total rating means VA doesn't expect your condition to improve, so routine exams usually stop. See Permanent and total (P&T).

Can filing for an increase lower my rating?

Filing an increase means VA looks at the condition's current severity, usually with a new exam. If the exam shows improvement, VA can propose a lower rating, but it still has to follow the steps above, and a 5-year or 20-year rating keeps its protection. If your records clearly show the condition is worse, that is what the increase process is for. See Filing for an increased rating.

If you get a proposed reduction

1. 1Note the dates. 30 days to request a hearing (to keep your current payments while it is decided), 60 days to send evidence.
2. 2Check the protections. How long has this rating been in place? 5 years? 20? How long has the condition been service-connected?
3. 3Read the exam the proposal relies on. Was it as thorough as the exam your rating was based on? Did it address flare-ups and your bad days? You can request your C-file to see it.
4. 4Send current evidence: treatment records, a doctor's statement on your current condition, and a written statement from you and people who see you day to day. See personal statements and buddy statements.
5. 5If the reduction is finalized and you disagree, you have a year to choose a review lane. See Denied? Your appeal options.

A VA-accredited representative can help you respond, at no cost if you use a Veterans Service Officer.

Frequently asked questions

Can VA reduce my rating after 5 years?

Yes, but with more protection. Under 38 C.F.R. § 3.344, a rating held 5 years or more can't be reduced on a single exam, or on an exam less thorough than the one it was based on, unless the whole record clearly shows sustained improvement that is likely to last under the ordinary conditions of life.

What is the VA 10-year rule?

Under 38 C.F.R. § 3.957, service connection in effect for 10 or more years can't be severed except for fraud or a clear problem with your service or discharge records. It protects the service connection, not the percentage.

What is the VA 20-year rule?

Under 38 C.F.R. § 3.951(b), a rating held continuously at or above a level for 20 or more years can't be reduced below that level except for fraud.

How long do I have to respond to a proposed reduction?

60 days to send evidence. If you want to keep your current payment while it is decided, request a predetermination hearing within 30 days of the notice.

Is a permanent and total rating protected from reduction?

P&T means VA doesn't expect improvement and usually stops scheduling routine exams, but it isn't the same as the 20-year protection. VA can still request an exam if there is evidence your condition has improved.