Protected VA Ratings – How the 5, 10, and 20 Year Rules Safeguard Your Benefits
Protected VA disability rating can shield you from unexpected benefit cuts. But not all ratings are protected—and the VA doesn’t always make that clear. This guide explains how the 5‑, 10‑, and 20‑year rules work, and what to do if the VA tries to reduce your compensation.
Let’s break down what each of these rules means—and how to fight back if VA tries to reduce a rating it shouldn’t.
📊 Quick Reference: Protected Ratings at a Glance
| Rule | Protects | When It Applies | What VA Must Show to Reduce/Sever | Authority |
|---|---|---|---|---|
| 5‑Year Rule | The rating level | After 5 continuous years | Sustained improvement under ordinary conditions of life | 38 CFR § 3.344 |
| 10‑Year Rule | Service connection itself | After 10+ years | Fraud or CUE to sever service connection | 38 U.S.C. § 1159 |
| 20‑Year Rule | The long‑term rating level | After 20+ years in effect (even with past changes) | Cannot reduce below the protected level (absent fraud) | 38 CFR § 3.951 |
🛡️ Five-Year Rule and Your Protected VA Disability Rating
What it protects: Your current disability rating
When it kicks in: After your rating has been in place for five continuous years
What it means: The VA can’t reduce your rating unless they can show sustained improvement under ordinary conditions of life—not just a “good exam day.”
Legal Authority: ➤ 38 CFR § 3.344 – Stabilization of disability evaluations
🔒 The Ten-Year Rule: Protecting Service Connection
What it protects: Your service connection, not the rating
When it kicks in: After your condition has been service‑connected for ten or more years
What it means: The VA can’t sever service connection unless they prove fraud or CUE (clear and unmistakable error).
Legal Authority: ➤ 38 U.S.C. § 1159 – Protection of service connection
🧱 The Twenty-Year Rule: Locked‑In Ratings
What it protects: Your assigned rating — even if it changed temporarily
When it kicks in: After your rating has been in effect for 20 or more years, even with past changes
What it means: VA cannot reduce your rating below its long‑term level unless they prove fraud.
Legal Authority: ➤ 38 CFR § 3.951 – Preservation of disability ratings
👴 Age‑Based Protections: Veterans 55 and Older
VA generally won’t schedule routine exams for veterans age 55+ unless there’s a clear reason. This isn’t a hard rule, but it adds a layer of protection. If you’re over 55 and VA schedules an exam or tries to reduce your rating, that may be worth appealing.
Reference: See VA’s adjudication manual guidance (M21‑1) on reexaminations for older veterans: M21‑1 (KnowVA)
⚖️ Special Protection: 100% Ratings and Individual Unemployability (TDIU)
- 100% Ratings: Can only be reduced with clear, long‑term proof of material improvement in everyday life, not just on paper.
- Individual Unemployability (TDIU): VA must show sustained improvement and that you’re capable of holding gainful employment before removing IU.
Legal Authority:
➤ 38 CFR § 3.343 – Continuance of total disability ratings
➤ 38 CFR § 4.16 – Total disability ratings based on individual unemployability
🚨 C&P Exam Scheduled Out of Nowhere?
If you’ve had a rating for 5, 10, or 20 years and suddenly get a C&P exam notice, this could signal a reduction review—even if VA doesn’t say so.
- ➤ Check how long your current rating has been in place
- ➤ Bring up protected status during the exam
- ➤ Request your C‑file and keep a copy of any letters from VA
✅ What to Do If VA Tries to Reduce You
If you receive a proposed reduction (a “Pre‑Determination Notice”), you have:
- 60 days to submit evidence
- 30 days to request a hearing
- ➤ Cite the applicable rule—Five‑Year, Ten‑Year, or Twenty‑Year
- ➤ Provide medical evidence showing your condition has not improved
- ➤ Request a copy of the C&P exam report
Where VA outlines reduction procedures: 38 CFR § 3.105(e) – Reductions: due process for compensation
🧭 Need Help? Get Accredited Representation
Consider talking with an accredited VSO, claims agent, or attorney. You can search the official database here:
📬 Final Thoughts: Know Your Rights, Protect Your Rating
- ➤ Check your award letters and effective dates
- ➤ Speak with an accredited VA rep or attorney if you suspect a wrongful reduction
- ➤ Don’t assume VA always gets it right—hold them to the law
💬 Discuss Protected VA Ratings in the HadIt Community
