Permanent VA Disability Ratings
March 03, 2025
Permanent VA disability ratings can provide long-term financial stability and peace of mind, but it’s important to know how these ratings work and their protections.
Permanent VA disability ratings are a designation used to describe a “static” disability, meaning it’s unlikely to improve over time. When a veteran is assigned this rating, their condition is not expected to improve significantly, and their disability benefits are considered secure.
If Veterans Affairs orders a reexamination and determines the condition has improved, the disability rating will be reduced to reflect the current condition. However, there are rules in place that stop them from reordering examinations after five years of having the same static disability rating.
Five Year Rule
Under the Five Year Rule, if you’ve held a static disability rating for five years or more, VA cannot reduce the rating unless there is clear evidence that the condition has significantly and permanently improved. This ensures there is no single examination that may affect a veteran’s disability rating.
In rare cases, VA may reduce a rating if it was based on fraud or a clear and unmistakable error. If there is a question as to whether the veteran’s condition has improved, it is the veteran’s responsibility to present medical evidence proving the state of their condition.
Ten Year Rule
At ten years with a static disability rating, VA cannot terminate benefits unless it’s determined the original rating was based on fraud. However, if there is medical evidence supporting that the condition has improved over the ten years, the rating can be reduced.
If the veteran passes away, the surviving spouse or dependents may be eligible for Dependency and Indemnity Compensation (DIC) if the disability was connected to service and rated for at least 10 years.
Twenty Year Rule
The Twenty-Year Rule is the strongest protection for veterans with long-standing disability ratings. Under this rule, if a veteran holds a static VA disability rating for 20 years or more, the VA cannot reduce the rating below the lowest level it has held for that entire period. As with the 10-year rule, the only exception is if the original rating was based on fraud.
The VA is required to do a thorough review of a veteran’s medical history before determining whether the veteran must be reevaluated. This includes looking at their entire medical history, not just a temporary reduction of symptoms before anything can change. If the veteran has a 100% disability rating they are considered 100% total and permanently disabled, and VA cannot require reexamination.
If Veterans Affairs sent you a letter requiring a reexamination, but you fall between the Five, Ten, or Twenty Year Rule, call the accredited team at Legal Help For Veterans today at (800) 693-4800.