The U.S. Department of Veterans Affairs (VA) disability five-year rule stabilizes a disability rating that’s been in effect for five years or longer, making it difficult for the VA to reduce it. Because of this rule, the VA can’t lower your disability rating unless it can provide evidence of a sustained improvement in your condition.
Of course, even with the VA disability five-year rule in place, the Department of Veterans Affairs could attempt to lower your disability rating. If this happens, it pays to have a Veterans Affairs Disability benefits claims lawyer on your side.
Choose a VA Disability benefits claims attorney who has a track record of success in cases similar to yours to serve as your legal representation. Your lawyer can gather evidence to dispute the VA’s case against you and help you prove that your disability rating is warranted.
What Does the VA Disability 5-Year Rule Mean?
The VA disability five-year rule dictates that once your service-connected disability rating has stayed at the same level for five years or more, it’s considered “stabilized.” At this point, the VA can’t lower your disability rating based on a “good day” or a single compensation and pension (C&P) exam.
In addition, if the VA wants to reduce your disability rating after it’s been stabilized, it will have to provide evidence to show that your condition has improved significantly and is unlikely to affect you in the way it did when you first received your rating.
Keep in mind that the Veterans Affairs five-year rule doesn’t mean that the VA can never reduce your disability rating. Thankfully, if the VA tries to lower your VA rating that’s been stabilized, you have access to legal help. If this situation arises, work with a VA Disability lawyer, and they can provide you with myriad Veterans Disability resources to help you with your case.
For a free legal consultation, call (800) 562-9830
What to Do if the VA Wants to Reduce Your Disability Rating After 5 Years
Expect Veterans Affairs to send you a Notice of Proposed Rating Reduction if it wants to reduce your disability rating after five years. It can be stressful to receive this letter, but remember, you don’t have to deal with this situation alone.
Partner with a VA disability attorney who’s received dozens of positive client testimonials, and they may advise you to:
- Review the VA’s evidence: Find out what evidence the VA is using to claim that your condition has improved.
- Request a hearing: Ask for a hearing to pause the reduction process. You have 30 days to make your request.
- Submit evidence: Collect medical records, an independent medical opinion (IMO), buddy statements from family and friends, and other evidence to show that your condition is still severe or has worsened. You have 60 days to provide evidence.
Your Veterans Affairs Disability lawyer can explain how to view your disability rating and what will happen if the VA lowers it. On top of that, they can put together an argument that makes it clear why your disability rating that’s been in effect for five years or longer should remain intact.
Factors to Consider if the VA Tries to Reduce Your Disability Rating After 5 Years
Unfortunately, the VA disability five-year rule doesn’t guarantee that you will keep your initial disability rating for more than five years.
Your Veterans Affairs disability attorney can teach you about this rule and various factors relating to it, such as:
- Sustained improvement: To lower your disability rating, the VA will have to demonstrate through a review of your entire history that your ability to function in daily life and work has improved.
- Age Exemption: If you are over age 55, the VA generally exempts you from routine future examinations, which significantly reduces the likelihood of a proposed rating reduction.
- Deadlines: Miss a deadline for requesting a hearing or submitting evidence to contest the VA’s efforts to reduce your disability rating, and you won’t be able to stop the reduced disability rating from going into effect.
Veterans Disability lawyers can address any concerns and questions you have about the VA disability five-year rule. If the VA tries to lower your disability rating, your Veterans Disability attorney will commit substantial time and resources to your case and put you in a strong position to maintain your rating.
Learn More About the VA Disability 5-Year Rule
The Veterans Affairs Disability five-year rule benefits veterans who’ve had their disability rating for a minimum of five years. Regardless, the VA may take steps to lower your disability rating after five years or more have passed. If you’re not careful, the VA could lower your disability rating, and this could impact you financially for a long time.
At Marc Whitehead & Associates, we want you to get the benefits you deserve from the VA. Our team has more than 120 years of combined experience. We will use what we know to ensure that you receive a fair VA rating based on the severity of your condition.
Our attorneys can discuss the VA’s 5-year disability rule and other Veterans Disability benefits topics with you. Contact us today.
Call or text (800) 562-9830 or complete a Free Case Evaluation form
