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What The VA Won’t Put In Writing

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We decode the evidence rules, exam traps, and rating tricks the VA won’t spell out, then fight to win what you earned.

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VA Rating Protection: The 5-, 10-, and 20-Year Rules
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VA Rating Protection: The 5-, 10-, and 20-Year Rules

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Albert Thombs

Founder & VA-Accredited Claims Agent · #45147

August 24, 20268 min read2 reads

The VA can reduce ratings, but not whenever it feels like it. Here’s how the 5-, 10-, and 20-year protection rules work, and when your rating is truly harder to touch.

If the VA has you looking over your shoulder every time the mail shows up, you are not paranoid. I am Albert Thombs, a VA-Accredited Claims Agent (#45147), not a lawyer and not the VA, and I can tell you this plainly: rating protection rules are real, but veterans are constantly misled about what those rules actually protect.

This is general educational information, not legal or medical advice, and it does not create an agent-client relationship. Every rating percentage, payment amount, or outcome is fact-specific and ultimately depends on the veteran’s record and the VA’s final decision.

The short version: the VA 5-year, 10-year, and 20-year rules do not make every rating untouchable. They create different layers of protection. If you understand those layers, you can spot when the VA is following the rules and when it is trying to cut corners.

First, know the difference between service connection and the percentage

This is where most of the panic comes from. Service connection answers whether the VA owes you for a condition at all. The percentage answers how much. The protection rules in 38 CFR §3.344, §3.951 and §3.957 guard those two things differently, so you have to know which one you are actually worried about before you can tell whether it is protected.

Veterans often mix up two different things:

  • Service connection means the VA recognizes the condition is linked to service under the rules in 38 CFR Part 3.
  • The rating percentage is how severe the VA says the condition is under the rating schedule in 38 CFR Part 4.

Those are not the same protection fight. A condition can stay service-connected while the percentage changes. In other cases, the VA may try to sever service connection entirely. The 5-, 10-, and 20-year rules matter because they limit what the VA can do, but each rule protects something different.

The 5-year rule: stabilized ratings are harder to reduce

Once the same rating has been in effect for 5 years or more, the VA generally treats it as a stabilized rating. That does not mean permanent. It means the VA is supposed to meet a higher standard before reducing it.

Here is the practical rule: the VA should not reduce a stabilized rating based on one flimsy exam or a temporary good day. It is supposed to review the full history of the disability and show sustained improvement under the ordinary conditions of life and work, not just improvement inside a sterile exam room.

This is where the VA often gets sloppy. I see reductions proposed after one Compensation and Pension exam where the examiner spends 15 minutes with the veteran, ignores flare-ups, and writes as if the condition magically improved forever. That is not enough if the rating is stabilized.

What the 5-year rule does and does not do

  • It does protect against quick, unsupported reductions.
  • It does not make the rating permanent.
  • It does not stop the VA from reducing if it can show real, sustained improvement.
  • It does require the VA to do more than point to a single snapshot.

If your rating is over the 5-year mark and the VA proposes a reduction, you need to check the decision line by line. Did the VA compare the old evidence to the new evidence? Did it address your full medical history? Did it explain how your condition improved in everyday life, not just on paper? If not, that reduction may be attackable.

Advice from the Advocate, illustration
Understanding advice from the advocate, what the VA looks for.

The 10-year rule: service connection gets stronger protection

Read this one carefully, because the 10 years run from the effective date of service connection, not from the day the letter showed up. Under 38 CFR §3.957, once you cross that line, severance is off the table except for fraud or a clear lack of the required service or discharge. Your part: know your effective dates and keep the decision letters somewhere safe.

The 10-year rule is widely misunderstood. It generally protects service connection, not the percentage itself.

If a disability has been service-connected for 10 years or more, the VA usually cannot sever service connection unless there is fraud or the original grant clearly should not have been made under the law. That is a major protection. It means the VA usually cannot come back a decade later and act like the disability was never connected to service at all.

But here is the catch: the VA can still try to reduce the rating percentage if the medical evidence supposedly shows improvement. So a veteran with a 10-year-old service-connected condition may be protected from losing service connection entirely, but not automatically protected from dropping from, for example, 50% to a lower evaluation. That percentage is only an estimate in any example and always depends on the facts of the individual claim and the VA’s final decision.

That distinction matters. If the VA says, “We are severing service connection,” the 10-year rule may be your shield. If the VA says, “We still service-connect it, but we think it is less severe,” that is a different fight.

The 20-year rule: the rating itself gets locked in

The 20-year rule is the heavy armor. If a disability has been continuously rated at or above a certain level for 20 years, the VA generally cannot reduce it below that level unless there was fraud.

This is what veterans mean when they say a rating is “locked in.” If you have held the same evaluation, or a higher one, continuously for 20 years, that floor is usually protected.

Example in plain English: if the VA has paid a condition at 30% for 20 continuous years, it generally cannot later reduce that condition below 30% absent fraud. It could, in some situations, continue the 30% even if newer evidence suggests the condition now looks less severe. Again, that percentage is only an example, not a promise or prediction in any individual case.

Why “continuous” matters

The clock matters, and breaks in the rating can matter. The protection usually turns on a continuous rating at or above that level. If the VA previously dropped the rating and that lower level became effective, that can change the protection analysis.

This is why I tell veterans to save every rating decision and code sheet. You cannot prove your protection date if you do not know your actual rating history.

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How VA Disability Compensation Works

Total rating protection: special rules for 100% ratings and unemployability

Total ratings have their own protection concepts. If you are at 100%, or receiving Total Disability based on Individual Unemployability, the VA is not supposed to reduce that status unless the evidence shows material improvement under the ordinary conditions of life, including work-related functioning where relevant.

That matters because some veterans are rated totally disabled due to the combined impact of service-connected conditions even if no single condition is 100%. The VA cannot legally treat a temporary lull in symptoms as permanent recovery.

There is also a practical point here: if you are being paid at the 100% level, do not assume the VA’s review is only about one diagnosis. Sometimes the attack is on the foundation of the total rating itself.

What veterans should do right now

  1. Get your rating history. Pull your decisions, code sheets, and effective dates.
  2. Mark your 5-, 10-, and 20-year dates. Protection depends on timing.
  3. Read any proposed reduction carefully. Proposed reductions and final reductions are not the same thing. The proposal stage is where you fight.
  4. Compare the old exam to the new exam. The VA must justify a reduction with more than lazy box-checking.
  5. Submit evidence about real-world functioning. Work limits, flare-ups, daily impairment, and treatment history matter.

If your condition involves toxic exposure, do not overlook the secondary fallout on your family. For a deeper dive, Albert Thombs built a dedicated site on that issue at https://veterantoxicexposure.com/, including family and secondary exposure concerns that many veterans never realize may matter.

When the VA gets this wrong, there are appeal lanes

If the VA proposes or finalizes a bad reduction, you are not stuck. The four main review lanes are Supplemental Claim, Higher-Level Review, Board of Veterans Appeals (BVA), and Court of Appeals for Veterans Claims (CAVC). Which lane fits best depends on whether the problem is missing evidence, a bad exam, a legal error, or all three.

The biggest mistake I see is veterans assuming the VA must be right because it used official language. It is not a black box if you know what to look for.

Bottom line: the 5-year rule helps protect stabilized ratings from casual reductions. The 10-year rule strengthens protection for service connection itself. The 20-year rule is the one that usually locks the rating floor in place. And total ratings carry their own reduction standards. None of these rules make you immune from VA action, but they do give you leverage if you know your dates and read the fine print.

If you were denied, reduced, or under-rated, and you want another set of eyes on the file, reach out for a free case review. No pressure. I am a VA-Accredited Claims Agent (#45147), and I help veterans decode the VA black box.

Every VA disability claim is adjudicated under the procedures in M21-1, the VA's internal Adjudication Procedures Manual, and the regulatory standards in 38 CFR Parts 3 and 4. Raters are bound by these rules, and when they deviate, veterans have grounds to challenge the decision. Under Gilbert v. Derwinski, the benefit-of-the-doubt standard at §3.102 requires the VA to resolve every evidentiary tie in the veteran's favor. Under Esteban v. Brown, separate disabilities producing separate functional losses must be rated independently, even when they arise from the same injury, the VA cannot collapse distinct impairments into one rating.

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Your responsibility as a veteran

Your Part in This Is Not Optional

I will be straight with you. No advocate on earth can win a claim for a veteran who will not do his or her part. The VA decides on the record, and you are the only person who can build the medical side of that record. We do the legal and forensic work. You do yours. Here is what that means, every single time:

  • See a doctor and get every symptom written into your medical record. If it is not on paper, the VA treats it as if it never happened.
  • Keep a symptom journal. Dates, flare-ups, missed work, the nights you did not sleep. That is the evidence of how this condition actually runs your life.
  • Answer every VA letter and every request for evidence before the deadline. Silence gets claims denied.
  • Show up to your C&P exam and describe your worst days honestly. Do not tough it out in that room. Do not exaggerate either.

You do your job and we will do ours. That is how claims get won.

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We offer three completely separate services, kept distinct on purpose so you know exactly what you are buying, what it costs, and how it is paid. These are not tiers of one agreement, you choose the single option that fits your situation.

Two are contingency representation with no cost up front; they differ by how hard the case is and how the fee gets paid. The third is a flat-fee forensic report for the veteran who wants to fight the claim himself.

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The exact contingency percentage on your case is set in a written agreement by the complexity of the work, always within the maximum the law allows. Federal-court litigation, if it is ever needed, is a separate, pre-agreed arrangement.

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Albert L. Thombs Jr. is a US Army veteran, VA-Accredited Claims Agent #45147, and 100% service-connected himself. He personally reviews every request. Fees are capped by 38 CFR §14.636, and there are no fees on representation unless you win.

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