VA Disability 55 Year Rule: Is it considered a Protected VA Disability Rating?

No, the VA Disability 55 year rule is not considered a protected VA disability rating. Veterans who are over the age of 55 may still be subject to reexamination or other processes. Although veterans applying under the 55-year rule may receive a favorable decision from the VA, their ratings will still reflect their current medical condition and service-connected disabilities.

In other words, the VA will assess these veterans as if they had applied under traditional criteria and assign them a rating based on their current medical standing which means your VA disability rating can still be reduced. That said, if a veteran’s disability rating was already determined prior to the age of 55, then it does not automatically reduce after reaching the age of 55.

Veterans who have had a VA disability in effect for 20 or more years are protected from any reduction in their benefits, even if they do not choose to receive the compensation. This is different from the VA Disability 55 year rule which isn't even a rule under the Code of Federal Regulations 38 U.S.C. 110 and 38 CFR 3.951(b)

00:00 Introduction to the VA Disability 55 Year Old Rule
2:05 Exceptions to the VA Disability 55-Year-Old Rule
2:51 How the VA disability 55 year old rule is violated

🔶 Links I mentioned in the Video
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☎️ VA Law about Reexaminations 38 CFR § 3.327

🤠 Unwarranted Medical Reexaminations for Disability Benefits

[hueymiller]

First like smashed. Just got 100% p&t with SMC L. Thanks CC, you're doing veterans a true service.

[fredsieber]

Yes! Make sure you are regularly visiting the doctor. I am 100% for mental problems. I am on three medications and will be for the rest of my life. Make sure you keep up with your refills, etc.

[TheAbaddon]

I went to my c&p exams for my higher level review for miragines and arthritis on Tuesday…..my examiner told me at the end “if the VA denies you again after recieving my notes get a lawyer”. I never felt such confidence leaving a c&p examination 😇

[werewolf]

Excellent info and advice Mr. CC. I'm 59 and just got my 100 P&T at the beginning of 2022. Happy Angry Orchard:30! 🐺

[arielleb.]

This is really great information. Thank you for sharing! I try to thumbs up all of your videos so your channel can grow. Veterans need to know about this channel.

[octanejimmy]

I constantly check what my doctors are putting in my records. They love to interpret not in our favor. Its like they get a bonus at Christmas to do so. Thanks Craig

[louieg]

As always, great advice, at every Va dr visit I make sure I tell them my SC conditions still persist with no improvement. Thanks for all you do to inform Veterans and their families!

[NickPulliam-zz]

Excellent. I have read over 100 of the comments below and none of them contain a single incident of a vet over 55 having his rating reduced. This "over 55 rule" may not be iron-clad, but judging by these comments, and those on similar videos, it's an extremely small % of disabled vets that are getting their rating reduced while over 55.

[garycooper]

Good job Craig. With the government if it is not on paper it does not exist. I just made 100 percent last month and will go to every damn appointment that they set up for me. The hard part of talking about issues will continue for life but that is the cost of compensation.

[tonebaxter]

Thanks CC, just turned 55 this year, filed my 1st claim in 2019!!! Knowledge is power, Good looking out 👍🏾

[tiorobot]

I was advised by someone at the Texas Veterans Commission to have the rheumatologist at the VA write a letter on secondary issues. When I asked he beat around the bush, even saying that I needed to control my numbers (blood work) or they'd deny me. I took it like "eat your vegetables and you might get ice cream later".
I was trying to do as much as I could to file a claim on my own but now it looks like I'll be needing some help. The last time I got help filing a claim they changed me 5x what the increase was. I'm just now starting to break even after making the payment.
I had a doctor write up a Nexus letter for another issue but not secondary to something I already have. I've never seen a Nexus letter so I'm surprised by what it says. I feel it's one of the last cards that I can play with the VA.
Thank you for posting this I truly appreciate it. I don't want to say anything negative but the fact that they can take away your benefits brings me down. Like a lot of people I don't bounce back from injuries like I used to. I depend heavily on what I receive monthly.

[scrapguy]

I'm there at 60. Wow!!! Thanks for the reminder Craig.

[robertscheinost]

This the second video I watched on your channe . I HAD to subscribe! Thanks, Combat Craig!

[rodneywilliamson]

Couple of years ago the VA stopped my 100% pay and my Chapter 35 because they said I didn’t fill out a questionnaire!! I told them I never received a questionnaire!! So for one year I didn’t receive my pay plus the Chapter 35 pay!! I had 2 kids in college and almost lost everything I worked hard for because of a questionnaire I never received!!! I’m 54 but what kind of games are they playing? This is our lives there playing with!!! What gives them the right to do this? I guarantee there paycheck is never endangered!! I just don’t get it!!! Thanks for your videos and keeping us updated!!!

[TheATXpatriot]

Just a point of clarification on your video. On a proposal to reduce, you MUST request a hearing within 30 days of being notified of the prosed action to put Eaton hold prior to the hearing. If the VA received your heating request on Day 31 to 60 you will still get your heariyat some point but VA can take final action after due process expires upon day 60.

[CarolLovesJesus]

They called me on a spurr of the moment (right before turning 55), asking if I could come in that same week for c&p exam. No written notice. Just a phone call. I went in, they examined me, asked a bunch of the very end of the following week I had a notice of reduction. I contacted my va rep, and they couldn't even believe how fast I recieved that notice and how quickly it happen and without written notice!!
The c&p (LPN), said my disability had improved, in which I had medical proof and examination records that stated my condition had not changed. I requested a hearing, which I received 6 months later. Even with my reports and documents, I loss the hearing. They deducted my rating almost in half...

Just a word to those veterans out there, who simply are targeted at 55 and thinks it can't happen to them.
So unfair & disheartening. They said I couldn't appeal. I faught for over a decade. Now I'm just tired of fighting.

[kicc]

Things have to change. Non related but VA stuff. I was sent for an outside Open MRI, as I can not lay down flat due to neck, so the address on the claim site was the local VA at 1.4 miles from home, but the round trip of the MRI place was around 34 miles or more. The claim was not easy online, and just as I dont have a middle name, it was not working until I figure it out. A month or more later, still playing with it. Lets see what happens. There is a lot what we learn from others like this channel. Great work. Thanks.

[waltercarranza]

CC so on point as always, so close to the Hundo club on the cusp, played by the rules and they violate them as they can, lawyer up was only option as I will never quit. Ty for all you do.

[johnandstephanie]

Static @ 60%, but I've added it all to my problem list at the VAMC. 53 years old and holding on.

[kazithecanecorso]

I was seen by a nurse practitioner. She played nice, was very sweet during my va mandatory dr visit. Then 3 months later I received a letter from the veterans saying that they will be taking the 10% they just awarded to my already 60% away. She even told me she use to do the veterans ratings and then got sent to the hospital palo alto, now it makes sense, she was always working for that department. They tried to take it away and failed.