What Is the VA 55-Year-Old Rule for Disability Ratings?

If you are receiving VA disability benefits, it's understandable to wonder if your compensation can change. While it is possible that your benefits may be adjusted, the VA 55-year-old rule is an important factor to consider. This rule generally provides a level of security for veterans who have reached the age of 55, as it makes it less probable for the VA to initiate a reevaluation of veteran disability status. This is due to the understanding that disabilities are less likely to improve with age, offering a safeguard to help ensure your compensation remains stable as you get older.

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How VA Disability Ratings Work

The VA provides monthly cash compensation for Veterans with service-connected disabilities. Compensation is based on the Veteran's assigned disability rating.

The VA rates disabilities on a scale from 0% to 100% in 10% increments. A 0% rating means the VA recognizes a service connection but does not consider the condition serious enough to qualify for monthly compensation, while a 100% rating indicates that the Veteran is completely disabled and unable to work.

If a Veteran has two or more service-connected disabilities, there is a formula referred to as "VA math" that is used to calculate the combined disability rating. Ratings for individual conditions can't be simply added together because a person can never be more than 100% disabled. Use our VA disability calculator to see how your individual ratings combine into a single combined rating.

Reevaluating the VA 55-Year-Old Rule for Disability Ratings

When you are under 55, you may be reevaluated by the VA to see if your condition has changed. These Compensation & Pension (C&P) exams typically happen every two to five years. Based on the results of the exam, your disability rating may increase, decrease, or stay the same.

Once you turn 55, you are typically "protected" and will no longer have to attend an exam to prove that your condition has not changed unless there is reason to suspect fraud. This is sometimes called the 55-year-old rule.

One noteworthy exception to the VA 55-year-old rule is that Veterans with certain types of cancers may need to be reexamined six months after completing treatment. For example, a Veteran with prostate cancer can receive a 100% disability rating for six months after surgery but will need to be reevaluated to obtain a rating for their prostate cancer residuals.

Empowering Veterans: How to Secure Ratings for Those Under 55 Years Old

In some cases, a Veteran under 55 may still qualify for a protected rating. For example, a Veteran's rating is protected when they have:

• Permanent disabilities such as blindness or a lost limb
• A prescribed scheduled minimum rating for a condition such as degenerative arthritis
• Multiple disabilities where a reduced evaluation for one condition wouldn't affect their combined rating
• Disabilities with no recognized likelihood of improvement

A Veteran may also qualify for a protected rating based on the 10-year rule or VA 20-year rule:

• 10-year rule. Ratings in place for 10 years or more cannot be eliminated unless there is proof of fraud. However, they can still be reduced if the condition has improved.
• 20-year rule. Ratings in place for 20 years or more cannot be reduced below that level or eliminated unless the Veteran has committed fraud.

Requesting an Increase in Disability Compensation

As time passes, it's common for Veterans to find that their condition worsens or that they've developed additional service-connected disabilities. For example, a Veteran with diabetes caused by Agent Orange exposure may develop kidney disease, erectile dysfunction, cataracts, or high blood pressure. Or, a Veteran with a traumatic brain injury (TBI) may develop depression or a sleep disorder.

When a rating has been in place for more than one year, a reevaluation is referred to as a request for reconsideration. An experienced VA disability attorney can guide you through this process to ensure you're receiving the maximum possible compensation.

Frequently Asked Questions

What is the VA 55-year-old rule?

The VA 55-year-old rule generally protects veterans who have reached age 55 from having their disability ratings reevaluated. Once you turn 55, the VA will typically not require you to attend a Compensation and Pension (C&P) exam to prove your condition has not improved, unless there is reason to suspect fraud. This rule is based on the understanding that disabilities are less likely to improve with age.

Can the VA reduce my disability rating after age 55?

Once you turn 55, the VA generally will not initiate a reevaluation of your disability status, making it less likely your rating will be reduced. However, exceptions exist, such as for veterans with certain types of cancer who may need to be reexamined six months after completing treatment.

How often does the VA reevaluate disability ratings for veterans under 55?

For veterans under 55, the VA typically conducts Compensation and Pension (C&P) exams every two to five years to determine if a condition has changed. Based on the results, a disability rating may increase, decrease, or stay the same.

Can veterans under 55 receive a protected disability rating?

Yes. Veterans under 55 may still qualify for a protected rating if they have permanent disabilities such as blindness or a lost limb, a prescribed scheduled minimum rating for conditions like degenerative arthritis, multiple disabilities where a reduced evaluation for one condition would not affect their combined rating, or disabilities with no recognized likelihood of improvement. Veterans may also qualify under the 10-year rule or the 20-year rule.

What is the VA 10-year rule?

Under the VA 10-year rule, ratings that have been in place for 10 years or more cannot be eliminated unless there is proof of fraud. However, they can still be reduced if the condition has improved.

What is the VA 20-year rule?

Under the VA 20-year rule, ratings that have been in place for 20 years or more cannot be reduced below their established level or eliminated, unless the veteran has committed fraud.

Can I request an increase in my VA disability compensation?

Yes. If your condition has worsened or you have developed additional service-connected disabilities, you can request an increase in your disability compensation. When a rating has been in place for more than one year, a reevaluation is referred to as a request for reconsideration. An experienced VA disability attorney can guide you through this process to ensure you receive the maximum possible compensation.

Has the VA Tried to Cut Your Protected Rating? We Fight Reductions on Appeal Nationwide

If you are unhappy with the results of your examination or believe you've been incorrectly asked to attend a C&P exam, the Law Office of Sean Kendall is here to help. We represent clients from all over the country, handling VA disability claims cases in Colorado, California, Florida, North Carolina, Illinois, and all other states.

Contact us today to learn more about your rights under the VA 55-year-old rule and to ensure your disability rating is protected, or call us at (877) 629-1712 to schedule a free, no-obligation initial consultation. We also encourage you to download our VA Benefits Handbook. This free guide provides basic tips to help you understand the process of filing your claim and how a decision to award or deny benefits is made.