Many veterans live with a quiet fear that VA can pull their rating back at any moment. The reality runs the other way: the longer a rating stands, the more legal armor it collects, from the 5 year stabilization rule to a 20 year floor VA cannot go below absent fraud. Knowing which protection applies turns a scary envelope into a manageable process.
A rating is not always permanent, but the law builds in protections
VA can review a rating and, in some cases, reduce it. But the longer a rating stays in place, and the more stable your condition is, the harder it becomes for VA to lower it. Several rules in 38 CFR work in your favor. Knowing them helps you read a notice calmly and respond well.
The 5-year rule (stabilized ratings)
Under 38 CFR 3.344, a rating that has been in effect for five years or more is treated as a stabilized rating. VA cannot reduce it on the basis of a single examination. It must show sustained improvement that will hold up under the ordinary conditions of life and work, based on the full record, not one good day in a clinic. This is one of the strongest protections against a quick reduction.
The 10-year rule (protected service connection)
Under 38 CFR 3.957, once service connection has been in effect for ten years, VA cannot sever it except in cases of fraud or where the person did not have the required service. VA can still adjust the percentage if the condition truly improves, but the underlying service connection is safe. The 10-year clock runs from the effective date.
The 20-year rule (protected evaluation level)
Under 38 CFR 3.951(b), a rating that has been continuously in effect for twenty years or more cannot be reduced below its lowest level during that period, again except for fraud. After twenty years your percentage has a floor. This is the protection that matters most to veterans who have carried the same rating for decades.
Age 55 and routine reexaminations
VA does not schedule reexaminations to chase a rating up and down without reason. Under 38 CFR 3.327, reexaminations are scheduled only when improvement is likely. As a matter of long standing VA policy reflected in the M21-1 manual, VA generally does not call veterans age 55 or older in for a routine reexamination, absent unusual circumstances. The same is true for ratings at the maximum level for a condition and for combined ratings that would not change.
100 percent Permanent and Total
A 100 percent rating that VA marks Permanent and Total (often written P&T) means VA does not expect improvement and will not schedule future examinations. Permanent and Total status also unlocks family benefits such as Dependents Educational Assistance (Chapter 35) and CHAMPVA. You can read your decision letter and the codesheet to confirm whether your 100 percent is marked permanent.
If you receive a proposed reduction
A protection is not the same as a guarantee. VA can still propose a reduction in some situations, but it must follow a process under 38 CFR 3.105(e): a written proposal, a 60-day window to submit evidence, and a 30-day window to ask for a hearing before the reduction takes effect. Do not ignore that letter. Respond inside the windows.
This is educational. It is not legal advice. A VA accredited representative can review your codesheet and the protections that apply to your specific rating.
Sources
- 38 CFR 3.344 (stabilization of disability evaluations)
- 38 CFR 3.957 (service connection protected after ten years)
- 38 CFR 3.951 (preservation of ratings, the twenty year rule)
- 38 CFR 3.327 (reexaminations)
- 38 CFR 3.105(e) (proposed reduction procedure)
See your own dates. The Rating Protection Timeline calculator plots the exact 5-year, 10-year, and 20-year protection dates for each of your ratings from the date each took effect.
When a reexam or reduction notice arrives, ask
- Has this rating been in effect 5 years or more, so 38 CFR 3.344 requires sustained improvement across the full record, not one exam?
- Has service connection run 10 years (38 CFR 3.957) or the evaluation 20 years (38 CFR 3.951(b))? Absent fraud, or for the 10 year rule a lack of the required service, those protections hold.
- Am I 55 or older, at the maximum rating for the condition, or would the combined rating not change, situations where routine reexaminations generally are not scheduled (38 CFR 3.327)?
- Did the letter follow 38 CFR 3.105(e): a written proposal, 60 days to submit evidence, and 30 days to request a hearing before anything changes?
- Is my 100 percent marked Permanent and Total on the codesheet, meaning VA expects no improvement and plans no future exams?
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Common questions
What is the VA 5-year rule?
Under 38 CFR 3.344, a rating that has been in effect for five years or more is treated as stabilized. VA cannot reduce it based on a single examination; it must show sustained improvement that will hold up under the ordinary conditions of life and work.
What is the VA 10-year rule?
Under 38 CFR 3.957, once service connection has been in effect for ten years, VA cannot sever it except for fraud or where the required service was missing. VA can still adjust the percentage if the condition truly improves, but the underlying service connection is protected.
What is the VA 20-year rule?
Under 38 CFR 3.951(b), a rating continuously in effect for twenty years or more cannot be reduced below its lowest level during that period, again except for fraud. After twenty years your percentage has a floor.
What happens if VA proposes to reduce my rating?
A protection is not a guarantee. VA can still propose a reduction in some situations, but it must follow 38 CFR 3.105(e): a written proposal, a 60-day window to submit evidence, and a 30-day window to request a hearing before any reduction takes effect.