Jason Henry
administratorPosted 2 months ago
Jason Henry
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Introduction
Ah, the VA—where acronyms abound, patience is a virtue, and rules are a minefield you have to navigate to secure what’s rightfully yours. Let’s dive into the VA’s 5-, 10-, and 20-Year Rules and how they protect your disability rating.
The 5-Year Rule
If you’ve held the same disability rating for five years or more, the VA can’t lower it unless there’s sustained medical evidence of improvement. Keep attending appointments to document your condition and avoid being flagged for “improvement.”
The 10-Year Rule
After 10 years, the VA can no longer question whether your condition is service-connected. However, they may still adjust your rating if they believe your condition has improved.
The 20-Year Rule
If your rating has been at or above a certain level for 20 years, the VA cannot reduce it, except in cases of fraud. This rule ensures your rating is essentially untouchable after two decades.
Permanent and Total (P&T) Status
P&T status eliminates future exams and locks in your rating. Be cautious when filing new claims, as they can trigger a review of your entire file.
Static Conditions
Conditions that are unlikely to improve may qualify as static, leading to P&T status. Review your claims file to determine which conditions are classified as static.
Routine Future Examinations
For non-static conditions, the VA conducts periodic exams to reassess your status. Veterans over 55 years old are often exempt from these exams.
What Happens If You File a New Claim?
Filing new claims may reopen your entire case, potentially putting your current rating at risk. Consider the implications carefully before filing.
Why Consistent Treatment Matters
Attending regular medical appointments creates a strong record of your condition, supporting your case and protecting your rating.
Wrap-Up
Understanding the VA’s 5-, 10-, and 20-Year Rules helps you navigate the system and protect your benefits. Stay informed, proactive, and diligent in your medical care.