The VA 5-Year Rule Explained: What It Means for Your Disability Claim
If you've had a VA disability rating for five years or more, a specific protection kicks in that makes it significantly harder for the VA to reduce your rating without clear evidence of sustained improvement. This is called the 5-year rule, and most veterans don't know it applies to them.
What the 5-Year Rule Actually Says
Under 38 C.F.R. § 3.344, a disability rating that has been "continuous" for five or more years is considered a "stabilized rating." The VA cannot reduce it unless medical evidence shows the improvement is not just temporary — and that improvement has been "sustained." A single medical exam showing improvement is not enough. The VA must demonstrate the improvement has been maintained over time.
What Counts as a Stabilized Rating
The five-year clock starts from the date of your original rating, not from any subsequent increases. If you received a 30% rating five years ago and later received a combined 70% rating, the original 30% condition may be stabilized. Each condition is evaluated separately. Ratings for certain conditions — like cancer in remission — may be subject to reduction reviews.
The 10-Year and 20-Year Rules
Beyond the 5-year rule, additional protections apply with time. The 10-year rule means the VA cannot sever service connection for a condition after 10 years (except in cases of fraud). The 20-year rule means a rating that has been at or above a certain level for 20 years cannot be reduced below that level for the rest of your life. These protections compound.
What Triggers a Rating Reduction
The VA can initiate a rating reduction review based on routine re-examinations or in response to a new claim. If you receive notice of a proposed reduction, you have the right to respond, request a hearing, and submit additional evidence. Never ignore a proposed reduction notice — the window to respond is limited and missing it can be costly.
How to Protect Your Rating
Keep copies of all VA correspondence. Attend required re-examination appointments — missing them can trigger adverse action. If your condition has genuinely worsened, file proactively for an increase rather than waiting for the VA to initiate a review. And if you receive a reduction proposal, seek help from an accredited VA claims agent or attorney immediately.
Bottom Line
The 5-year rule is one of several important protections the VA system builds in for veterans with long-standing ratings. Understanding how it works — and how it combines with the 10-year and 20-year rules — can prevent you from losing benefits you've legitimately earned.