How time protects your rating
VA cannot cut a long-standing rating on the strength of one exam because one C&P exam looked better than the last one. Three different regulations build escalating protection the longer your rating has been in place.
The clock for each rule runs from the effective date of the rating, not the decision date and not the date you filed.
The 5-year rule. Stabilization (38 CFR § 3.344)
If your rating has been continued at the same level for 5 years or more, VA must apply § 3.344's stabilization rules before reducing it:
- The examination relied on for reduction cannot be less full and complete than the exam that established the rating
- Material improvement must be shown
- The improvement must reasonably be expected to be maintained under the ordinary conditions of life, not under controlled or sheltered conditions
- If any doubt remains, the rating in effect must be continued
This is a high bar. A single snapshot exam showing a good day is not enough.
The 5-year rule does not apply to disabilities that have not stabilized and are likely to improve (§ 3.344(c)), for example, ratings on conditions VA already flagged as expected to recover.
The 10-year rule. Service connection lock (38 CFR § 3.957)
Service connection for any disability that has been in force for 10 or more years cannot be severed except upon a showing that:
- The original grant was based on fraud, OR
- Military records clearly show the veteran did not have the requisite service or character of discharge
VA can still propose to reduce the percentage, but they cannot strip away the service connection itself. The condition remains service-connected for life.
This rule protects you even if a later examiner argues your condition was never related to service. After 10 years, that argument is off the table.
The 20-year rule. Rating level lock (38 CFR § 3.951(b))
If a disability has been continuously rated at or above any given evaluation for 20 or more years, the rating cannot be reduced below that level except upon a showing of fraud.
Example: You have been rated 70% for PTSD continuously since 2004. In 2026 you reach the 20-year mark. From that point forward, VA cannot reduce you below 70% on that condition unless they can prove fraud.
The 20-year period is computed from the effective date of the evaluation to the effective date of the proposed reduction.
If the rating has fluctuated, the protection attaches at whatever level was maintained continuously for 20 years.
How to verify your dates
Find these on your most recent Rating Decision letter or in VA.gov:
- The effective date of each disability
- The effective date of your current evaluation percentage
- Any prior reductions or increases on the timeline
If a reduction notice arrives and one of these protections applies, raise it in writing during your 60-day response window and at the predetermination hearing.
Free help
VSOs handle these arguments routinely. Before you spend a dollar on a paid representative, check the Find Help tab and call a free accredited VSO. Anyone charging you for VA claim work must be VA-accredited, verify at va.gov/ogc/apps/accreditation.