Protect Your VA Disability Rating

The Time-Based Protections

Four legal protections apply once a rating reaches certain age thresholds. Each one operates at a different level, protecting the percentage, the service connection itself, or the floor of the rating.

When the VA Can Actually Reduce a Rating

To reduce a rating, the VA must show two things. First, the disability actually improved. Second, that improvement reflects a better ability to function under the ordinary conditions of life and work. A better or more thorough examination is not enough. Different wording in a new report is not enough.

Courts have established these requirements across a series of decisions including Brown v. Brown, Faust v. West, Kitchens v. Brown, and Sorakubo v. Principi. The VA must review the entire medical history, not a single snapshot from one exam visit. The burden falls on the VA, not the veteran, to show that the reduction is warranted.

Reexaminations and Who Is Exempt

Under 38 CFR 3.327, the VA may schedule a routine future examination to verify the current degree of a disability. However, a reexamination is not appropriate when any of the following applies:

• The disability is static (no likelihood of material change).
• Symptoms have persisted without material improvement for 5 or more years.
• The disability is permanent with no likelihood of improvement.
• The veteran is over age 55 (except in unusual circumstances).
• The rating is already at the minimum level on the rating schedule.

If a reexamination is scheduled and none of the exemptions apply, attend it. Document your worst days. The exam captures a point in time, so a symptom diary covering the weeks before the exam gives the examiner a fuller picture of your typical functional level.

Extra Protection for TDIU

Total Disability based on Individual Unemployability (TDIU) carries its own protection under 38 CFR 3.343(c). The VA can terminate TDIU only if it shows by clear and convincing evidence that you are actually capable of substantially gainful employment. A single instance of work does not establish that capacity. Marginal employment, defined as earnings below the federal poverty threshold, does not establish substantially gainful employment either.

The clear-and-convincing standard is a higher burden than the standard used for other reductions, which reflects how much TDIU means to the veteran who depends on it for income.

What Does NOT Put Your Rating at Risk

Several common misconceptions cause veterans to avoid actions that would actually help them. The following things do not put existing ratings at risk:

• Using VA healthcare or seeing VA doctors: Routine VA medical care does not trigger a rating review or reduction. See Will VA Healthcare Lower My Rating for the full explanation.
• Filing for an increase on an existing condition: Filing an increased rating claim puts only the claimed condition at issue. Your other conditions are not opened for review as a result. The condition you claimed may be reexamined as part of the increase process, but protected ratings stay protected by the rules in this guide.
• Filing for a new secondary condition: Adding a secondary condition claim does not open your existing ratings to review.
• Talking to a VSO or representative about your claim: Consulting a representative carries no risk to existing ratings.

The "poking the bear" concern is common but often misapplied. Filing an increase or a new condition puts only the claimed condition at issue. If a 5-year, 10-year, or 20-year protection applies to another rating, that protection does not disappear because you filed a new claim. See Rating Reductions for the specific triggers that do put a rating at risk.

If You Get a Proposed Reduction: Your 60 Days

Under 38 CFR 3.105(e), the VA must follow a specific process before any rating is reduced. A proposed reduction is not a final decision. You have time and rights.

1. Read the proposal carefully. The VA must send a rating decision proposing the reduction, with all facts and the reasons behind it. The proposal is not final. Your current rating stays in place while you respond.
2. Gather current medical evidence. You have 60 days to submit evidence showing that your condition has not materially improved. Current treatment records, a Disability Benefits Questionnaire completed by your treating provider, and lay statements from people who observe your daily functioning all count.
3. Request a predetermination hearing. If you request a predetermination hearing within 30 days of the proposal, your payments continue at the current rate until a final decision is made. Missing that 30-day window means payment may adjust before you get a final answer.
4. Point to any protection that applies. If the 5-year, 10-year, or 20-year rule applies, or if you are over age 55 or have a static condition, put that argument in writing with the supporting dates. The VA must address it.
5. Appeal if the reduction is finalized. If the reduction goes through, you can appeal through a Higher-Level Review, a Supplemental Claim with new evidence, or the Board of Veterans Appeals. See Proposed and Grant Decisions and the HLR guide for the mechanics of each lane.

Making a Rating Permanent

Permanent and Total (P&T) status means the VA has determined that your disability is permanent and that you are totally disabled. The practical effect is that no future reexaminations are scheduled. Your rating is not periodically reviewed for reduction. P&T also unlocks benefits for dependents, including DEA (Chapter 35) education benefits and CHAMPVA healthcare for eligible family members.

Look at your rating decision for language such as "no future examinations are scheduled" or "the disability is considered permanent and total." If you believe the medical evidence supports a P&T finding and your decision does not reflect it, you can ask the VA to make that determination, either in a new claim or through a supplemental claim with supporting medical documentation.

P&T does not mean the rating can never be changed by any mechanism; a clear and unmistakable error (CUE) motion or certain administrative corrections can still affect the record. But it eliminates the routine reexam cycle that is the most common path to a reduction notice.

Frequently Asked Questions