Understanding the concept of protected VA disability ratings is crucial for veterans receiving disability compensation. These protections ensure that veterans with long-standing ratings do not face unnecessary reductions, providing stability and peace of mind.
What Are Protected VA Disability Ratings?
Protected VA disability ratings are ratings that the Department of Veterans Affairs (VA) cannot easily reduce due to the length of time a veteran has been rated or the nature of the disability. These protections are in place to prevent sudden and unjustified changes to a veteran’s compensation.
Types of Protected Ratings
There are several types of protections that VA disability ratings can have and a variety of disabilities that are considered “static” or permanent and not expected to improve. Understanding these categories can help veterans recognize their rights and the security of their ratings.
5-Year Rule
Under the 5-Year Rule, VA is allowed to reevaluate a veteran’s condition if it is expected to show material improvement within that time frame. Then, only if there is substantial improvement shown by medical evidence (not just the one examination), can they reduce a rating. VA can continue to reevaluate past the initial 5 year mark.
10-Year Rule
The 10-Year Rule provides that if a veteran’s disability rating has been in place for at least ten years, the VA cannot terminate service connection for that disability, except in cases of fraud or if the claim was not legitimate in the first place. However, the VA can still reduce the rating if there is evidence of sustained improvement in the disability.
20-Year Rule
The 20-Year Rule offers even more robust protection. Once a veteran’s disability rating has been continuously in place for 20 years, the VA cannot reduce the rating below its current level, unless there was evidence of fraud at the time of the original rating. This rule ensures long-term security for veterans who have been receiving benefits for two decades or more.
Permanent and Total Disability Ratings
Veterans with Permanent and Total (P&T) disability ratings cannot have their ratings reduced unless there is evidence of fraud or that their medical condition has improved significantly, but this is very rare. A P&T rating indicates that the veteran’s disabilities are considered permanent, with no expectation of improvement.
This designation also provides additional benefits, such as Dependents’ Educational Assistance.
Special Monthly Compensation (SMC)
Special Monthly Compensation (SMC) ratings can also be protected. SMC is an additional tax-free benefit that can be paid to veterans, their spouses, surviving spouses, and parents.
The VA grants SMC for various circumstances, such as the need for aid and attendance by another person, being housebound, or the loss of use of limbs. Like other disability ratings, SMC ratings that have been in place for a long time may have protections against reduction.
When Can the VA Reduce a Protected Disability Rating?
There are a few scenarios where the VA can still reduce a veteran’s disability rating:
- Evidence of Fraud: If the VA determines that fraud was involved in obtaining the initial rating, they can reduce or terminate the rating regardless of how long it has been in place.
- Sustained Improvement: If there is clear evidence of sustained improvement in the veteran’s condition and medical evidence such as records and evaluations, A reduction cannot be based on one VA examination alone.
- Errors in Rating Decision: If there was an error in the original rating decision, the VA might adjust the rating accordingly.
How to Protect Your VA Disability Rating
- Attend Medical Examinations: Always attend scheduled VA medical examinations and provide accurate information about your condition.
- Keep Records: Maintain comprehensive records of all medical treatments, prescriptions, and doctor visits related to your service-connected disabilities.
- Report Changes: Inform the VA of any significant changes in your condition, whether improvements or deteriorations, to ensure your records are up to date.
- Seek Assistance: If you receive a notice that the VA intends to reduce your rating, seek assistance from a veterans’ service organization (VSO) or an attorney specializing in VA disability claims.
Protected VA disability ratings provide security for veterans receiving disability compensation. By understanding the various protections in place, veterans can better navigate the VA system and safeguard their benefits. If you have questions about your rating or need assistance, consider reaching out to a knowledgeable VSO or legal expert.
How to Claim and Win Disability Benefits
To learn more about filing (and winning!) a VA claim, check out our FREE ebook The Road to VA Compensation Benefits.
Content Reviewed by
Attorney Matthew Hill
Attorney Matthew Hill, licensed in Florida and Washington D.C., a dedicated advocate for disabled veterans with over two decades of experience, reviewed the information in this post.
