The VA 5-year rule protects your disability claim by not allowing the VA to reduce your disability rating unless your condition has significantly improved over time. This rule pertains to a rating that has been in effect for five years or longer. After a five-year period, the rating is considered a stabilized rating.

Understanding the VA 5-Year Rule: Protecting Your Disability Rating from Unnecessary Changes

United States Armed Forces Tags and Flag PatchUnder the 5-year rule, your rating is considered stabilized and cannot be changed by the VA unless there is a change in your condition over time or if you made a complete recovery from your physical disability. However, the rating can be changed or eliminated if it is determined to be based on fraud.

The VA 5-year rule protects Veterans by not allowing the VA to assume that service-connected conditions have improved over time or that the Veteran has made a complete recovery. In some cases, this assumption was made, and the Veteran's benefits were lowered or discontinued. The VA disability 5-year rule avoids this and does not require a Veteran to have their condition re-examined if they have received the same rating for their service-connected condition for at least five years.

Re-examining Your Health Condition Under the VA 5-Year Rule

The VA typically re-examines your condition within the first two to five years after your initial examination. A re-examination can also occur for the following reasons:

  • Material evidence that your condition has improved
  • Material evidence that you have made a full recovery from your condition

If you have had the same service-connected condition for certain periods of time, protections under specific rules will apply. In addition to the VA 5-year rule, the VA 10-year rule and VA-20 year rule exist which provide rate protection for your disability for their given durations.

Contact Our Experienced VA Benefits Attorney for Assistance

If you have questions about the VA disability 5-year rule or have concerns about your disability benefits, contact the office of Sean Kendall, Attorney-at-Law for a free, no-obligation consultation. We can help determine if you are eligible for compensation, answer any questions you may have about your disability claim, and help get you the full amount of compensation that you deserve. Contact us today to schedule an appointment.