Can the VA Lower Your Disability Rating? Protected Ratings and the 5, 10 and 20-Year Rules

Yes, the VA can lower your disability rating. However, it can’t do so on a whim. The longer a rating has been in place, the harder it becomes. After 20 years or more at or above a given level, the VA generally cannot take you below that level unless the original award was based on fraud.

Why VA Reexamines Some Ratings

VA can schedule routine follow-up exams to monitor the condition. Under 38 CFR 3.327, these re-examinations are generally not scheduled if:

• The disability has remained static for a long period of time.
• Symptoms have continued for more than five years without significant improvement.
• The condition is permanent and there is no realistic chance of improvement.
• You are over 55 years old, except in rare circumstances.
• Your current rating for the condition is the minimum rating, or a lower rating would not change your overall percentage.

If the VA does call you, please go. Missing a scheduled appointment without good reason can lead to the VA reducing or stopping your benefits.

The 5-Year Rule: Stabilized Ratings

A rating that has remained at the same level for five years or more is considered to be stabilized under 38 CFR 3.344. If the rating has changed during this time, this protection does not apply. For a stabilized rating, the VA must:

• Review your entire medical history, not just your most recent exam.
• Use an exam that is at least as thorough and complete as the one that supported your current rating.
• Show evidence of significant improvement that is likely to continue in everyday life, including work.

One good day at an exam isn’t usually enough, especially for conditions that come and go, like many mental health conditions. 

The 10-Year Rule: Protected Service Connection

Once a service connection has been established for 10 years or more, 38 CFR 3.957 prevents the VA from terminating it. The only exceptions are fraud in the original application, or military records that clearly show you lacked the necessary service or character for discharge.

Read this carefully. The 10-year rule protects your connection, not your percentage. The VA can still reduce your rating if the evidence supports it, even if it’s to zero. However, they cannot decide that your condition was not service-connected in the first place.

The 20-Year Rule: A Floor VA Can’t Go Below

Under 38 CFR 3.951(b), if a disability has been rated at or above a certain level for 20 years or more, it cannot be reduced below that level, except in cases of fraud. This 20-year period starts from the effective date of the initial evaluation.

The same regulation adds another shield: a change to the rating schedule alone is not grounds for cutting an existing rating. This is important now, with VA rewriting parts of the schedule.

2026: VA’s Medication Rule Came and Went

On February 17, 2026, the VA issued an interim final rule that would have evaluated veterans based on how well they functioned while on medication. Following significant opposition, the VA formally withdrew this rule on February 27. Additionally, in March, the VA dropped its appeal in the Ingram v. Collins case. This leaves a Veterans Court decision in place that prohibits the VA from lowering a rating due to medication, unless the rating system itself provides for such a reduction.

Bottom line: sticking to your treatment plan should not cost you a percentage rating.

What to Do If VA Proposes a Reduction

VA must send written notice explaining its reasons for reducing payments. Under 38 CFR 3.105, there are two deadlines that start on the date of the notice:

• 60 days to provide evidence showing that your rating should remain unchanged.
• 30 days to request a pre-determination hearing. If you request this within the time limit, your payments will continue at the current level until VA makes a final decision. It’s easy to miss this deadline.
• Recent medical records, a letter from your doctor, and statements from family members or coworkers can all be considered when making a decision.
• If you have a 5-, 10-, or 20-year protection period, please let VA know in writing.

Don’t Answer a Reduction Notice Alone

A reduction letter starts two clocks running at once, and the shorter one runs for just 30 days. What you send in that window often determines whether you keep your rating.

Tabak Law represents veterans who are facing rating reductions or severance proposals from the VA. If you have received a notice from the VA about a reexamination, contact us to schedule a free consultation.