Protected VA Ratings: The 5, 10, and 20-Year Rules
Five years — stabilized evaluations
38 CFR § 3.344(a) applies to evaluations continued at the same level for five years or more. VA must review the entire record rather than a single examination, the examination supporting reduction must be at least as full and complete as the one that established the rating, and any improvement must be reasonably certain to be maintained under the ordinary conditions of life. A reduction that rests on one exam without that analysis is procedurally defective.
Ten years — protected service connection
38 CFR § 3.957 bars for a disability continuously service connected for 10 or more years, except on a showing of fraud or that the required service or discharge status did not exist. The evaluation percentage is not protected by this rule — only the service-connected status.
Twenty years — the continuous-rating rule
38 CFR § 3.951(b) provides that a disability evaluation in effect continuously for 20 or more years will not be reduced below the lowest level it held during that period, except upon a showing that the rating was based on fraud. The 20 years run from the of the evaluation to the effective date of a proposed reduction. This protection extends to held continuously for 20 years.
Fee rules
An accredited agent or attorney may charge a fee only for work performed after VA issues a decision on the (38 U.S.C. § 5904(c)(1); 38 CFR § 14.636(c)). Fees must be reasonable, disclosed in writing, and filed with VA. Nothing here predicts an outcome in any individual case.
Work out which protections you already have
| If your record shows this | What it means |
|---|---|
| Same evaluation continuously for 5+ years | Stabilized under 38 CFR § 3.344(a): stricter review before any reduction. |
| Service connected continuously for 10+ years | Service connection cannot be severed absent fraud or a service/discharge finding. 38 CFR § 3.957. |
| Evaluation continuously in effect 20+ years | Cannot be reduced below the lowest level held during that period, absent fraud. 38 CFR § 3.951(b). |
| Rating was interrupted or changed during the period | Continuity is required; the clock may restart at the later effective date. |
| Decision says 'permanent and total' | Routine future examinations normally stop, and dependent education and CHAMPVA eligibility may open. |
Frequently Asked Questions
References & sources
- 38 CFR § 3.105 — Revision of decisions (reduction and severance procedure) — Code of Federal Regulations
- 38 CFR § 3.343 — Continuance of total disability ratings — Code of Federal Regulations
- 38 CFR § 3.344 — Stabilization of disability evaluations — Code of Federal Regulations
- 38 CFR § 3.951 — Preservation of disability ratings — Code of Federal Regulations
- 38 CFR § 3.957 — Service connection protected after 10 years — Code of Federal Regulations
- 38 CFR § 3.327 — Reexaminations — Code of Federal Regulations
Useful Tools & Topics
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