When Do VA Ratings Become Permanent? A Comprehensive Guide
For many veterans, achieving a permanent VA disability rating is a milestone that brings financial stability, peace of mind, and security in their benefits. The Department of Veterans Affairs (VA) assigns these ratings based on the severity of service-connected disabilities, with ratings ranging from 0% to 100%.
The sad truth is that VA disability ratings are not always permanent. In most instances, the VA will reassess a veteran’s service-connected disability rating every 2–5 years unless the disability is considered permanent or protected.
Protected VA Disability Ratings: Understanding the 5-Year, 10-Year, and 20-Year Rules
Veterans with VA disability ratings have various protections as they maintain stable ratings over time. These protections provide financial security and prevent unjust rating reductions, ensuring veterans receive the benefits they need.
5 Years: Stabilized Rating Protection
When a VA disability rating remains the same or increases for five consecutive years, it becomes “stabilized.” Although the VA can attempt to reduce a stabilized rating, it faces significant obstacles. To adjust the rating, the VA must show clear, sustained improvement over time—not just a temporary improvement—using comprehensive medical records and more than one Compensation & Pension (C&P) exam.
Key Protections After 5 Years:
- Limited Re-exams: Veterans with stabilized ratings generally aren’t subjected to routine re-evaluations.
- Requirement of Sustained Improvement: The VA needs strong, ongoing medical evidence to support any rating reduction, making reductions more challenging after the five-year mark.
10 Years: Service Connection Protection
After the veteran receives 10 continuous years of VA disability compensation for a service-connected condition, the “service connection” itself is protected. In other words, the VA cannot sever the connection, and, by extension, the benefit eligibility of the veteran is secured. An exception would be fraud that was perpetrated in the original claim.
Key Protections After 10 Years:
- Service Connection Cannot Be Severed: The VA may reduce the rating if there’s proven improvement, but they cannot fully revoke the service connection.
- Fraud as the Sole Exception: Only proven fraud can terminate the service connection after 10 years, offering veterans peace of mind about their benefits’ continuity.
20 Years: Continuous Rating Protection
The VA cannot lower a rating below the original rating if that rating for a service-connected disability has remained the same or higher for 20 years. Sometimes this is called the ”20-year rule.” The idea behind this protection is to give veterans a minimum level of guaranteed compensation to protect against ups and downs in a condition that are minor.
Key Protections After 20 Years:
- Permanent Rating Floor: The rating cannot drop below the initial level unless fraud is proven.
- Applies to All Service-Connected Disabilities: This protection applies universally to all service-connected disabilities rated for 20 years, providing long-term stability for veterans.
These milestone protections offer significant security for veterans, ensuring that benefits remain consistent, even with varying health conditions.
Temporary vs. Permanent Ratings
Disability ratings are either temporary or permanent. Temporary ratings are often given when the VA believes the condition may improve over time, while permanent ratings indicate that the condition is unlikely to improve significantly.
A permanent rating provides veterans with a stable form of compensation and may exempt them from future exams aimed at reducing the rating.
The Path to Permanence
For a VA disability rating to become permanent, the condition must meet specific criteria. Typically, the VA assigns a permanent rating when the condition has shown minimal improvement potential over a long period or when medical evidence demonstrates that recovery or improvement is unlikely.
Veterans with chronic, progressive, or age-related conditions are more likely to receive permanent ratings, sparing them from repeated medical reviews.
Factors Affecting Permanence
Several factors play a key role in determining whether a VA disability rating becomes permanent:
- Nature of the Condition: Chronic or progressive conditions, including PTSD, traumatic brain injury, or spinal cord injury, generally entail a permanent rating, as such conditions are hardly expected to improve.
- Medical Evidence: Comprehensive medical records, diagnostic tests, and expert medical opinions significantly support a permanent rating.
- Veteran’s Age: Older veterans with long-standing disabilities are more likely to receive a permanent rating as the likelihood of improvement diminishes over time.
The Impact of a Permanent Rating
Achieving a permanent VA disability rating can unlock a variety of benefits, providing veterans and their families with both financial and logistical support. Some of these include:
Protection from Rating Reductions: Permanent ratings are generally safeguarded from future reductions, ensuring stability in the veteran’s compensation.
Increased Access to VA Benefits: Veterans with permanent ratings can qualify for benefits beyond compensation, such as:
- VA Healthcare: Priority access to medical services at VA facilities.
- Vocational Rehabilitation: Job training and employment support.
- Home Loan Guaranty: Assistance with purchasing or modifying a home.
- Automobile Allowance: Funding for vehicle purchase or adaptation.
- Dependents’ Educational Assistance (DEA): Educational benefits for eligible dependents.
- Improved Financial Stability: With a permanent rating, veterans have a predictable, reliable income, allowing them to plan for the future with greater confidence.
Seeking Professional Help
Navigating the VA appeals process can be overwhelming, mainly such as when gathering and organizing evidence. Consulting a professional can improve your chances of a successful appeal. We have a special guide for those looking to learn about the 4 Common Paths veterans often take to file their VA claims. A well-prepared medical evidence file can make all the difference in obtaining the benefits you deserve.
Remember, veterans deserve the support they’ve earned. If you want to learn more about medical evidence, contact our team of experts. Start your FREE Medical Evidence evaluation today or watch real testimonials and stories of our clients.
