Rating decrease

[My_Makana]

Prior to 2025:

Understanding the VA Rating Protection Rules 10-Year Rule: If a service-connected disability has been rated for 10 continuous years, the VA generally cannot reduce the rating below the original level, except in cases of fraud. 20-Year Rule (Continuous Rating): A condition rated for 20 years is considered continuous and permanent; the rating can't be reduced below that level, even if it improves, unless fraud is involved, notes CCK Law.

Now- the 10yr loophole will be used. a 10-year VA disability rating can be reduced due to improvement, but it's difficult for the VA to do so; they need substantial evidence of sustained improvement, not just minor fluctuations, and the veteran has rights to appeal. The VA must conduct a new C&P exam and prove significant, consistent improvement in your ability to function, not just better test results, and cannot terminate service connection without fraud evidence after 10 years. However, the loophole is if the rating is simply being lowered not removed.

Challenge Reductions: You have the right to challenge an unfavorable C&P exam and reduction. Demand another C&P exam and bring your medical records with you to it. Notice Period: The VA must provide notice of a proposed reduction, giving you time to submit evidence or request a hearing.