Protect your VA Rating - what's the best way to protect your VA Rating from a VA decrease?

VA rating protections apply:

Veterans over age 55
100% Disability VA Rating Protection
TDUI Rating Protection
Permanent and Total Disability Rating Protection
20 Year Disability Rating Protection
10 Year Disability Rating Protection
5 Year disability rating protection
Veterans over Age 55
Veterans who receive a disability rating at the age of 55 or greater are protected from a decrease in that rating, as long as they were age 55 at the time of the C&P exam that the VA used to assign the rating.

100% Disability VA Rating Protection
Veterans who obtain a 100% disability rating are protected from the VA lowering that rating automatically. But VA can still reduce a disability rating from 100% if they are able to obtain extensive evidence of medical, physical, or cognitive improvement to a level that enables the veteran to work and care for themselves. Such evidence might include medical exam results, employment reports, and witness statements.

TDIU Rating Protection
Veterans who collect total disability based on individual unemployability (TDIU) benefits are also protected from a reduction in their disability benefits. Your TDIU status can only be terminated when the VA can show clear and convincing evidence of actual employability - meaning you have held some form of employment for at least one full consecutive year and earned more than the federal poverty threshold for that year.

Permanent and Total Disability Rating Protection
Veterans with medical conditions that qualify as both total and permanent are protected from a reduction in their disability rating. Permanent and total medical conditions are those that have been assigned the maximum rating and are known to be chronic conditions unlikely to improve. Examples include paralysis or amputation. In rare cases, the VA may be able to reduce a total and permanent disability rating if they can provide evidence showing that the medical condition has improved significantly.

20 Year Disability Rating Protection
In general, VA cannot reduce disability ratings for veterans who have maintained a constant disability rating for at least 20 years – combined ratings included. Even if that veteran’s C&P exam shows that the veteran’s condition has improved drastically with some new treatment regimen and suggests a lower rating, VA cannot reduce a continuous 20-year rating.

Only the 20-year rating percentage is protected. For example, if a veteran held a 50% disability rating for 20 years, then had their rating increased to 70% for three years, the VA can always reduce that 70%, but not any lower than the 20-year 50% rating.

This 20-year rating protection also applies to retroactive benefits. Veterans who just received a 70% disability rating last week are protected from reduction as long as the effective date is at least 20 years before the rating decision. And veterans who win an appeal for a higher rating than they argued should have been granted 20 years ago can obtain a higher rating protected from any rating reduction.

Only the original service-connected diagnosis that received the 20-year rating is protected, because a change in the diagnosis generates a new effective date for that diagnosis, breaking the continuous 20-year span. Even when the new medical condition developed because of the 20-year medical condition, it is considered a new medical condition, and its rating is not protected.

10 Year Disability Rating Protection
Veterans who maintain a disability rating for at least 10 years are protected from termination of their benefits at any time. But the VA can reduce their disability rating if they can prove that the veteran’s health condition has improved substantially.

5 Year Disability Rating Protection
Veterans who maintain a disability rating for at least five years are protected from a reduced rating unless the VA can prove that the veteran’s medical condition has shown sustained improvement across the years. If an improvement is just temporary, it doesn’t count. You are still protected.

To prove sustained improvement, the VA must evaluate the veteran’s medical history and new C&P exam results or evaluate the evidence provided in your VA disability claim. If the VA decides to reduce your rating, they must submit a detailed account of the evidence suggesting that your medical condition will continue to improve with time.

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[tommarinevet]

It is best to have several rated disabilities to add 100%...it is more difficult for VA to reduce the 100%...they must take one disability at a time and VA must prove a veteran has significant improved...the more disabilities the better...file secondaries upon secondaries...thanks brother great reminder

[thomastownsend]

Keep up the fight, veterans! It took 11 years for me to increase from 50% to 88% (rounded to 90%), and had numerous denials along the way. I plan to keep fighting. Not positive I can get to 100%, but I'm going to keep trying!

[philipperkins]

Great video. Just received my 100 p&t. Thanks for the info. New subscriber here.

[USViper]

I am 100% P&T since 2008... waiting for the 20 yr rule

[BloodEagle]

We're good. 100% with IU, P&T. PTSD, hearing loss, tennitis.

[willharper]

Great information guy...I was wondering about EXACTLY what you talked about with that story about the guy who stopped going to his appointments etc...I tell veterans that we have to KEEP seeking treatment and going to our appointments because you never know when "they" will surprise you...just handle your business!! Thanks..HAPPY HOLIDAYS #UKRAINE 🙏🙌

[jaybales]

Very good explanation of how the system works and how to better protect your compensation benefits. SemperFi

[BornToFly]

Love it…”sucking on Tam bark😮 and drinking’ Patchouli” hilarious. Great job, brother.

[ajarnrichard]

I get it. And plan to see a doctor 2x per year to keep the VA informed about my status, BUT, how and where is this new evidence submitted, without opening my file to new scrutiny and possible reduction.

[jeremyslade]

Love your video's . Very informative, clear and concise with All facts. 👏👏👏👏👏👏👏

[Tony-mrxf]

Awesome video. Keep up the good work! I have a question: what if you are 100% permanent and total? Do you have to still show medical treatment evidence? Or can you get away with just seeing your primary care once a year as long as you were at your primary know that you are treating yourself with for example, Motrin for your migraines and Pepto-Bismol for your Gerd? I bring this up because permanent total is supposed to be protected against future reevaluation.

[navmavet]

THANKS 👍🏽 BROTHER OUTSTANDING INFORMATION 👏🏽

[noname-nqzn]

According to the Navy ibuprofen doesn't go bad even if it turns all white and shiny like it's brittle it just gets recertified

[markwaters]

Thanks brother! Have a 70 % ptst checkup c&p tomm. 8-23-24 from usmc stuff 1975-9. 67 now

[dennissadler]

Thanks for information 👍 very helpful 👍

[zakman]

He is speaking V.A. gospel or the Truth So listen to what he says here

[kevs]

How often does everyone follow up with the va? How do you schedule your appointments? The VA website?

[pimpnorris]

For the 5, 10 and 20 year rule, does that start the moment you have a re-evaluation or the day you actually get your rating?

[LawDogg]

Was the guy 100% P and T or was he 100% Schedular?

[robertburbach]

Do you mean to tell me that the VHA doesn`t turn in to the VBA your Dr. and surgery reports ? That could explain why the VA clinic called me and stated I didn`t have to go the VES Echocardgram as I had it 3 months ago. Now the next one is an C&P exam which I can`t go as I am still under the Heart Doctors care. He is not going to autherize that as my blood pressure is right around 150 with blood pressure meds.