VA “protected ratings” are disability ratings that the Department of Veterans Affairs cannot easily lower or take away. These protections exist to give veterans stability after they’ve held a rating for a certain number of years or when a condition is considered long-term or unlikely to improve.
Protected ratings help ensure veterans aren’t suddenly hit with a benefit reduction, especially after years of relying on their disability payments. Understanding these protections can help you avoid unnecessary rating reductions and give you peace of mind. Below, we break down what protected ratings are, how they work, and how an experienced veteran’s disability attorney can help if the VA threatens to reduce your rating.
Key Rules That Created Protected Ratings
| 5-Year Rule | If you have the same disability rating for five years or more, it is considered stabilized. Meaning the VA can’t lower your rating just because of one new exam; they have to show that your condition has actually improved over time, usually based on several medical exams.” |
| 10-Year Rule | If you’ve had the same VA disability rating for 10 years, VA treats your condition as strongly connected to your military service. They usually can’t take that connection away unless they can prove you got it through fraud |
| 20-Year Rule | If you have maintained the same percentage rating for 20 years, the VA cannot reduce the rating below the lowest rating held during those 20 years unless there was fraud |
Additional Protections Veterans Should Know
Protection for 100% rating
If you’re rated at 100%, the VA must show material, sustained improvement before they lower your rating. Temporary improvements or isolated exam results are not enough.
Permanent Ratings (P&T)
When the VA marks your condition as Permanent and Total, it generally means:
- No future exams
- No expected improvement
- Extremely strong protection against any reduction
The Age 55 Rule
This means that once a veteran turns 55 years old, the VA will usually stop scheduling routine re-examinations to check whether their condition has improved.
How VA Protected Ratings Work During a Proposed Reduction
Even if you have protections, it doesn’t stop the VA from attempting to reduce a rating. When this happens:
- VA must send you a reduction notice
- You will have 60 days to submit evidence
- You can request a pre-determination hearing
- The VA must consider your entire medical history
- VA must prove sustained improvement under ordinary life conditions
Having protected ratings can significantly make it harder for the VA to do this
What to Do if the VA Tries to Reduce Your Rating
If you receive a proposed reduction letter, do not ignore it. You only have a short window to respond, and delays can cost you benefits.
- Request a copy of your file
- Review the exam that the VA is relying on
- Gather all recent medical evidence
- Consider requesting a hearing
- Contact a VA disability attorney right away
Contact a VA Lawyer Today
Your VA disability rating is more than just a number; it’s the foundation of your financial stability and recognition of the sacrifices you made in service to our country. If you’re unsure whether your rating is protected, or if the VA has sent you a letter proposing a reduction, you don’t have to navigate this alone. Coskrey Law is dedicated to helping veterans understand their rights, defend their benefits, and fight back against improper reductions.
Our team will review your case, identify which protections apply, and take aggressive action to ensure the VA follows its own rules. You served your country, now let us serve you. Reach out today for a free, confidential consultation and get the peace of mind you deserve.