VA Disability 55 Year Old Rule

Tune in to learn about the VA disability 55-year rule. VA reexamines veterans with disability ratings occasionally to determine if their conditions have improved, stayed the same, or worsened. Periodic future C&P exams, which happen every 2 to 5 years, can result in a higher or lower VA rating or one that stays the same. In some situations, VA will not conduct a reevaluation of a veteran’s condition. These ratings are known as “protected ratings.”

A protected rating, broadly, is any VA disability rating that cannot be reduced or revoked by VA in the future. Examples of protected ratings include the 55-year rule, the 10-year rule, and the 20-year continuous ratings rule.

[greenthumbmary]

My dad was in the Navy. He passed away in 2019 from mesothelioma. He was denied his disability because he couldn't have surgery to extract the lung tissue to prove he had the mesothelioma, even though every other test and scan proved it was. The doctors stated that he would not have survived the surgery. His appeals were all denied. He was active in both the Korean and Vietnam Wars. They went to the local DAV where an idiotic woman told them that dad couldn't be considered a war veteran because his ' boots never touched soil'. My husband is retired military and we've had to fight for his benefits. I contacted the attorney that we had been appointed and she confirmed what I already knew. Dads boots never touched soil because they weren't supposed to. His duty station was aboard a ship. I took the info the attorney provided me to the same DAV office for the idiotic woman as proof. After dad passed, an autopsy (which we never wanted to have done, but knew was necessary for mom to get her benefits) did indeed confirm that the mesothelioma was the cause of his death. Mom received her benefits and a percentage of back pay. It would have been nice if dad was given what he deserved when he was still alive.

[USAF-SF]

It would be nice if the VA weren't so concerned with taking benefits from Veterans and maybe concentrate on clearing the backlog of appeals cases on their dockets, over 6 yrs now and I've STILL got 15k+ ahead of me, now that would be a REAL benefit to Veterans!!!

[kirklamb]

My dad had diabetes the whole second half of his 84 years on this earth, almost exactly 42 years. Slowly, diabetes took his sight in one eye, hearing on the same side and all kinds of nerve damage that the last 5 years of his life, took the bulk of his mobility, ability to walk. Not to mention several bouts of various cancers. His last months were spent in a nursing home, which the VA fought, but they come through and granted him 100 percent disability, 3 weeks before he died due to kidney failure. Career army, 2 tours in Vietnam, he deserved better!!

[tommyoakes]

I’m 76 years old and I was diagnosed with prostate cancer on December 20 0f 2000 and I had to call my state Senator to get my cancer therapy transferred from the VA to a local cancer center and doctor. I won the battle against the VA! Yahoo ❤

[dennisbohner]

I was a veterans' counselor for 15 years. Let me give you a tip. Go to the local DAV or PVA to initialize your claims. These organizations are membership driven but they do NOT require membership for this process. (You could show your appreciation though.)
They are WELL trained. The individual that services you may not be the best but should be able to handle the details of submitting a claim in good form. When the road gets sticky, you may need an attorney but in most cases, these folks have folks at the local office for working a Hearing before Haring Officers, the Board Of Veteran Appeals, and the Court of Veteran Appeals who are qualified to support your claim at that level. If you are wrapped in a precedence-setting case, private attorneys may be your solution.
Protect your money.

[luckyx]

The Army medically discharged me in 1990 for a knee injury that never quite healed after two surgeries. The military is much like that old Christmas show from my child hood about the broken toys. Santa threw them away and the Army did the same.
I decided to move back to the state I went to high school in instead of my state of enlistment, because to me it felt more like home. When I finally had my initial evaluation for my disability from VA, it literally took me longer to find a parking spot the day of the evaluation, than the actual evaluation. Needless to say, I was denied, I argued with the ____ in charge of the local VA office, while filing appeals for about a year, with certified letters to send them in. I was finally told they had not been received, and was told case closed.
Years later, I moved to Oregon for work. I was at the employment department because the job was not what it was advertised as, and ended up speaking to a Vet rep there, and got to talking about my disability after showing him my DD 214 (I forget the numbers in case thats wrong).
He ended up setting me up with an appointment with an Oregon VA rep, who looked at my certified letter receipts I had kept.
A few months later, I was finally awarded my permanant disability.
5 or 6 years later, I moved back to Illinois due to an ailing family member.
I attempted to contact VA because I had aggravated my knee, and was told it was a new injury.
I should have expected that since it is Illinois.
In 2020, I almost died, and once I was up and moving again, I contacted VA because some of the problem, I felt were directly linked to my original injury, and tried to schedule a new evaluation.
2023 no, and I have got so much run around and excuses, I have all but given up.
I should have ran for congress. Their job is much safer, and they get better benefits when they get out, with much better service.
Senators and Congress personal never had PT in the rain, snow, heat, Never volunteered to be a target, or stood guard duty in every form of foul weather.
Yet they get to vote on rules that help them and screw the service members.

[seticat]

Great video because it’s short, to the point and gives great details without the usual length. You may have just stumbled on the best way to get vets attention. Thank you.

[gettylou]

I am a 73 years old and ordered to take 4 C&P for the same service connected disability

[commonsenseisntcommon]

What makes me mad is all the hoops we vets have to go through to get our benefits and we put our lives on the line for this Country, and at the same time hand out all kinds of freebies to illegals who shouldn't even be here!!! If you aren't outraged, you're not paying attention!!!

[stevegrice]

I’m 54, turn 55 in 49 days. Filed my first claim 12-1-22. C&P exam 2 weeks ago. The clock is ticking. Tick Tock VA, tick tock

[JJ-jnei]

WTH! Who’s health is improving after 55? I get the cancer rating, but isn’t that non permanent anyway?

[mikeshr]

You will be amazed at comments put in your VA Medicals Notes. These notes are put in your record 3 days after every appointment . One example: I found a note that I did not have any ringing of the ears. I have a disability for Titinitus. These comment that they add are hard to get removed. They are malicious at best and are not accidental.

[RomeoFoxtrotShallWeDance]

The VA should have as many as the IRS to look into cases for our veterans.

[mikewoods]

Your info is much needed and appreciated 🙏 thanks for spending time getting information to vets in need of help .I can't think of a cause more important than that. Pleiku 1971

[bf]

Understand, they don't have you come back in for a reevaluation so they can provide greater benefits or to measure your quality of life. Most appointments are focused on discovery which can be utilized to minimize your benefits, regardless of what the actual appointment is for. Think I'm wrong, obtain a copy of your medical records and review the information.

I've been out for over 30 years, I have an issue I cited at most appointments over a period of 30 years. Recently, they decided to have a specialist review my stated issue. The matter was diagnosed in seconds, the doctor applied pressure in one area and my reaction was such he knew what was wrong, then followed up with scans to confirm and it's now being addressed... 30+ years of repeditive dialogue on a single matter, dismissed by no less than five Primary Care folks over the years? And, while it's a matter of constant pain, it's not life threatning, like many folks have to deal with in the same setting, same callous indifference.

[Calventius]

Didn't really tell us what the 55 age rule was? You told us what it was not.

[thorfinthorfin]

I'm fighting the VA now. Army Kosovo Era Veteran. My knee is fubar. It threw my back out so many times I had to have several surgeries. I have 3 Docs write letters saying they are 100% sure my knee injury messed up my back and is 100% aggravating my secondary injuries. The C&P exam took 10 minutes of him talking over me and of course I was denied twice. Now I'm on my third filing. This is unacceptable.

[CalvinMorris-cfjk]

how can the u.s. government send trillions of dollars to other countries before they take care of the vets that make this country want it is. it is just madness. madness at its peak. crazy.

[Mr.DJones]

Thank you very much for your time and posting.

[michaelorozco]

I did not know about the 55 year old disability ratings. I have a 50% disability rating. I have 40% for my wrist and 10% for my hip. They took bone from my left hip, to replace some bone in my right wrist. My right wrist is a half inch shorter than my left arm. I am now 56 years old. I have actually been thinking about going back to get re-evaluated. I am a computer scientist. However, lately when I am typing on the computer screen as I am doing right now, my wrist starts to hurt and I have to stop typing for a little while until the pain goes away. Sometimes it locks up on me. Unfortunately I am like a human barometer. I can tell when it is going to rain, or when the weather changes, as my wrist will really start to ache. I will try and move my wrist or fingers to a certain key and it won't move?! However, I have heard horror stories where people have gone in to get re-evaluated, and ended up getting a reduction in the service connected disability. Is it a good idea to go ahead and get re-evaluated after you are 55 years old?