Understanding the VA 5-Year Rule: How It Protects Veterans’ Disability Ratings
The VA 5-Year Rule is an important regulation that helps protect veterans’ disability ratings from being unfairly reduced. This rule ensures that if a veteran’s disability rating has remained unchanged for five years or more, the VA cannot lower it unless there is substantial medical evidence proving that the condition has significantly improved and is expected to stay that way.
For veterans receiving VA disability benefits, understanding the 5-Year Rule can help safeguard their compensation and prevent unnecessary reductions.
What Is the VA 5-Year Rule?
The VA 5-Year Rule prevents the VA from randomly reducing a veteran’s disability rating after it has been in place for five years or longer. If a veteran’s condition has remained stable over this period, the VA must provide clear medical proof that the disability has improved permanently before making any changes to the rating.
How Does the VA 5-Year Rule Work?
When a veteran is awarded a disability rating, the VA may schedule periodic reexaminations to assess whether the condition has improved or worsened. However, once a veteran reaches the five-year mark, the VA faces stricter requirements before they can reduce the rating.
To lower a veteran’s disability rating after five years, the VA must:
Provide strong medical evidence that the condition has significantly improved over time.
Prove that the improvement is permanent and not just temporary.
Conduct a thorough review of medical records and any past Compensation & Pension (C&P) exams.
If the VA cannot prove that the condition has improved permanently, the rating should remain unchanged.
Why the VA 5-Year Rule Matters
The 5-Year Rule is a critical safeguard for veterans who rely on their disability compensation. Many service-connected conditions are chronic or degenerative, meaning they are unlikely to improve significantly over time. This rule helps ensure that veterans do not face unjust reductions that could negatively impact their financial stability.
For example, a veteran with chronic PTSD, degenerative joint disease, or a severe spinal condition may have a stable rating for several years. If the VA tries to reduce the rating after five years, they must show strong medical proof that the veteran’s condition has permanently improved and will no longer affect their daily life.
What Happens If the VA Tries to Reduce a Rating After Five Years?
If a veteran receives a notice that the VA intends to lower their disability rating after five years, they have the right to challenge the decision. Here’s what they should do:
Request a Copy of the VA’s Medical Evidence – Veterans should review the medical records and examination results that the VA is using as justification for the reduction.
Gather Supporting Medical Documentation – A veteran can submit updated medical records, personal statements, and doctor evaluations proving that their condition has not improved.
File a Notice of Disagreement (NOD) – If the VA proceeds with a rating reduction despite the lack of strong evidence, the veteran can appeal the decision through the VA’s Higher-Level Review or Board Appeal process.
Veterans should never ignore a VA proposal to reduce benefits. Acting quickly and providing strong counter-evidence can help prevent an unfair reduction.
The Difference Between the 5-Year Rule and Other VA Protection Rules
While the 5-Year Rule is an important protection, veterans should also be aware of other VA rating protection rules that come into effect at different milestones:
10-Year Rule – After 10 years, the VA cannot revoke service connection, even if the condition improves, but they can still lower the rating if they prove improvement.
20-Year Rule – After 20 years, the VA cannot reduce a disability rating below its lowest level during that time unless there is evidence of fraud.
55-Year Rule – Once a veteran turns 55, the VA generally stops scheduling reexaminations, unless there is strong evidence of improvement or the veteran applies for an increase.
How Veterans Can Protect Their Benefits
Even with the 5-Year Rule, veterans should take proactive steps to ensure their disability rating remains protected:
Continue Routine Medical Care – Regular doctor visits and maintaining consistent medical records can help prove that a condition remains unchanged.
Keep Documentation of Symptoms – Veterans should track how their condition affects their daily life, work, and overall health.
Respond to VA Requests Promptly – If the VA schedules a reexamination or proposes a rating reduction, veterans should act quickly to submit medical evidence and, if necessary, file an appeal.
Final Thoughts
The VA 5-Year Rule provides an essential layer of protection for veterans who have had stable disability ratings for at least five years. While the VA can still request reexaminations and propose rating reductions, they must provide clear and convincing evidence that the condition has permanently improved.
Veterans who understand this rule can better defend their benefits and ensure they are not subjected to unfair rating reductions. If a veteran receives a proposal for a reduction, they should immediately gather medical evidence and consider reaching out to a VA-accredited representative for assistance.
