Is My VA Disability Rating Permanent?

VA disability ratings generally are not permanent. Rather, they are subject to review by the U.S. Department of Veterans Affairs (VA) at any time. If VA finds that your situation or condition has changed since you received your initial rating, it may assign you a new rating or cease your benefits altogether. In limited cases, you may receive a rating that is permanent and protected from change.

Receiving a letter from the Veterans Benefits Administration (VBA) requesting that you submit to a medical exam because your benefits are under review can be jarring and even scary. What happens if VA severs or severely reduces your benefits? How will you pay your bills? A veterans disability advocate can help you get through this situation with the best chance of keeping your current rating.

Call today for a free VA disability claim evaluation.

When VA Can Re-Examine and Reduce Your Disability Rating

When VA approves you for disability benefits and assigns you a rating, it leaves itself the option to reevaluate your condition. If the agency believes your circumstances may have changed, or that your condition is not as severe as it was when you first received approval, it may schedule you for a re-examination.

Veterans age 55 and older get a practical break here: VA policy directs against scheduling routine re-examinations for veterans past that age, except in unusual circumstances. It’s not an absolute bar the way the rating protections below are, but in practice, it means the VA generally leaves long-held ratings alone once a veteran passes 55.

What Happens When VA Re-Examines and Proposes to Reduce Your VA Disability Rating

Before the VA can reduce your disability rating, the agency must send you notice of its proposal to reduce. Upon receipt of this notice from VA, you have the right to request a hearing, where you, and your advocate, if you choose, can argue against a rating reduction.

This notice isn’t just a formality, it starts a clock. You generally have 60 days from the date of the notice to submit additional evidence or request a hearing before VA can finalize the reduction. If you don’t respond at all, VA can proceed with the reduction, and the effective date is typically the first day of the third month after the notice unless you’ve requested a hearing, which can extend the timeline. Missing this window is one of the most common, and most avoidable, ways veterans lose ground on a rating they could have kept or fought successfully.

Call 1-888-373-4722 or complete a Free Case Evaluation form

When VA Cannot Change Your Disability Rating

In two specific situations, your VA disability rating has protection from change. That means, if you have one of the “protections,” VA cannot reduce your rating unless it has evidence that you obtained it via fraud (for example, you submitted forged medical records that made your condition sound worse than it actually was).

VA Classifies Your Disability as Permanent and Total

Permanent and total disability is a special classification used by VA when it believes that a veteran’s condition is so severe that the condition will never improve.

Once you receive this classification, your rating is mostly safe. Only in very rare situations, such as fraud, can VA lower the rating of a veteran who has a permanent and total disability.

“Permanent” and “total” are actually two separate findings that have to both be true. Total means the VA has rated you at 100%. Permanent means the VA believes, based on the medical evidence, that your condition is reasonably certain to continue for the rest of your life. A 100% rating on its own doesn’t guarantee the permanent label, some 100% ratings are still scheduled for future re-examination. To know for sure, check your rating decision letter: it should explicitly state that your disability is “permanent and total,” not just that you’re rated at 100%.

You Have Had the Same Disability Rating for 20 Years

If you have had the same disability rating for at least 20 years, it becomes a “de facto” permanent rating. In this case, VA may not reduce it unless, as with a permanent and total rating, it uncovers evidence of fraud.

The 20-year clock runs from the effective date of your rating, and it has to be continuous. If your rating dropped below the protected level at any point during those 20 years, only the lowest level you held during that window is protected, not your current or highest rating. This rule can also protect a combined rating across multiple conditions, not just a single one, and it applies whether the VA raised your rating during that period or kept it flat.

Two more protections most veterans haven’t heard of

The 20-year rule gets the most attention, but two other regulations offer real protection much earlier in the process:

The 5-year rule (38 CFR 3.344). Once a rating has been in place for 5 years or more, the VA can’t reduce it based on a single exam that happens to catch you on a good day. It has to show actual, sustained improvement under the ordinary conditions of daily life, not just improvement in a controlled exam setting.
The 10-year rule (38 CFR 3.957). Once a condition has been service-connected for 10 years or more, the VA generally can’t sever that service connection entirely, except for proven fraud or a finding that you didn’t have qualifying service. This protects the underlying link between your condition and your service, the VA can still adjust the percentage if your condition changes, but it can’t erase the service connection itself.

Together with the 20-year rule, these create layered protection: the longer a rating has stood, the harder it becomes for the VA to touch it.

Will I Qualify for Any Disability Payments?

If you are an active or former member of the military community and are currently suffering from a disability that affects your life, you could be eligible for disability benefits through the VA.

You must submit several documents and other paperwork for your claim to be accepted. Among these documents is:

Proof that you served in the military (or are a qualifying dependent of a veteran)
Evidence of your disability (such as documentation from a qualified healthcare provider)
Any supporting evidence of a link between your service and your disability

Additionally, you could be required to provide past employment information and more.

Because the claim process can be confusing, many face denial or receive a lower disability rating than expected. When this happens, it could be helpful to review the situation with a VA benefits advocate. An advocacy group can help walk you through the decision review process, such as assisting with paperwork, answering any questions that might come up along the way, and advocating for your right to benefits.

Call 1-888-373-4722 or complete a Free Case Evaluation form

Examples of Qualifying Disabilities

Any disability, regardless of severity, could be considered for veterans benefits.

Examples of qualifying disabilities include, but are not limited to:

Combat injuries that have had a long-term impact on your physical well-being, ability to work, or the quality of your everyday life
Injuries sustained during training
Emotional effects of your service, including anxiety, depression, substance abuse or addiction, and more
Hearing loss, damage to your eyes or vision, and other sensory injuries

Even a minor disability can impede your ability to enjoy life daily. More severe injuries can affect every facet of your life and could even keep you from working and earning the wages you depend on.

After dedicating yourself to the service of your country, you deserve to be taken care of. If you have a qualifying injury, filing a claim can help secure a brighter future for you and your loved ones. An advocate near you specializing in VA disability claims will be able to help you sort out your options if VA denied your initial claim.

Call 1-888-373-4722 or complete a Free Case Evaluation form

How Are VA Disability Payments Disbursed?

If you successfully file a disability claim and receive your rating, you will soon begin to receive monthly payments. Your payment amount will be directly associated with the rating of your injury. However, your rating can be adjusted if your injury worsens or if you request a decision review.

Are Disability Benefits Taxable?

Typically, disability payments for veterans are not taxable. If you believe you are being taxed on your payments in error or you have specific questions about your disability compensation, reaching out to a financial professional or tax specialist could be worth your time.

Hiring a Veterans Disability Advocate Can Help

If you did not receive an accurate rating based on your service-connected disability or you have general questions about your claim, consulting with an advocate could prove beneficial. An advocacy group with experience in VA claims can help you file the necessary paperwork to get the benefits you deserve.

VA benefits advocates can keep your claim on track, offer general support, and help you with many of the VA disability issues you may face. Call today or CLICK HERE for a free consultation.

Frequently Asked Questions

What’s the difference between a “permanent and total” rating and just a 100% rating?

A 100% rating means the VA currently considers you totally disabled. “Permanent” is a separate finding that the condition is expected to last your whole life, which stops future re-examinations. You can have one without the other, a 100% rating that’s still subject to review, or, less commonly, a permanent rating below 100%. Check your decision letter for the specific wording.

How do I get my rating classified as permanent and total?

There’s no separate application. The VA makes the P&T determination as part of a regular rating decision, based on medical evidence showing your condition isn’t expected to improve. If you believe your condition qualifies and your current decision letter doesn’t mention “permanent,” you (or your advocate) can request a review with updated medical evidence specifically addressing prognosis, not just current severity.

Can the VA take away my rating completely, not just reduce it?

Severance (eliminating service connection entirely) is different from a reduction and is harder for the VA to do. Once a condition has been service-connected for 10 years or more, severance generally requires proof of fraud or a finding that you lacked qualifying service. Ratings held for less than 10 years have fewer protections against severance, though due process notice and response rights still apply.

I got a letter proposing to reduce my rating. What should I do first?

Don’t ignore it, and don’t wait until close to the deadline. You typically have 60 days to submit evidence or request a hearing. Gather updated medical records that address your current functional limitations, not just your diagnosis, and consider requesting the hearing even if you’re also submitting evidence in writing, it preserves your options and can extend your timeline to respond.

Does TDIU get the same 20-year protection as a schedular rating?

Yes, if it’s been continuous for 20 years or more. Separately, TDIU has its own layer of protection under 38 CFR 3.343(c): the VA generally cannot reduce a TDIU-based rating just because you returned to work unless you’ve sustained substantially gainful employment for 12 consecutive months.

Learn More:

Call 1-888-373-4722 or complete a Free Case Evaluation form