top of page
Search

How to Maintain and Safeguard Your VA Disability Rating

Writer's picture: Kirk CarlsonKirk Carlson



How to Maintain and Safeguard Your VA Disability Rating

Maintaining your VA disability rating is an important topic for veterans. Many veterans are unsure how to protect their rating and avoid reductions. This article provides clear steps to help you safeguard your rating, along with a breakdown of the protections in place for VA disability ratings. Using mental health as an example, we’ll explore best practices and the rules that protect your benefits over time.

Key Steps to Protect Your VA Disability Rating

1. Maintain Regular Contact with Your Healthcare Team

The most effective way to protect your VA disability rating is to maintain regular contact with your healthcare team. Whether you receive care through the VA or private insurance, keeping a consistent relationship with your healthcare providers is crucial. Regular appointments serve multiple purposes:

  • Provide Medical Evidence: If the VA sends a reduction notice, your healthcare records will serve as evidence to support your current rating. Similarly, if your condition worsens and you seek an increase, documented medical visits strengthen your case.

  • Monitor Your Health: Veterans, especially those who served in specific areas, may face higher risks of certain conditions, such as cancers. Regular check-ups help detect and address these issues early.

  • Establish a Medical History: A lack of medical evidence can hinder your ability to maintain or increase your rating. Aim for at least two appointments per year, but this may vary depending on the severity of your condition.

2. Use Secure Messaging

The VA’s secure messaging system is a convenient way to stay in touch with your VA doctor. Available through the VA app or online, this tool makes it easy to ask questions, schedule appointments, and document interactions.

Protections for VA Disability Ratings

Several rules are in place to protect your VA disability benefits over time. Understanding these protections can help you plan for the long term.

The Five-Year Rule

The five-year rule applies to conditions considered static, meaning they are unlikely to improve significantly over time. While it does not offer direct protection, it eliminates the need for routine future exams, simplifying your review process.

The 10-Year Rule

This is the first layer of protection for your benefits. After 10 years, your service connection becomes protected, meaning the VA cannot sever it unless there is solid evidence of fraud or a clear error in the original decision. Such cases are extremely rare.

The 20-Year Rule

The second layer of protection, the 20-year rule, safeguards the percentage of your disability rating. For example, if you have been rated 50% for a condition for 20 years, that percentage is protected and cannot be reduced.

The 55-Year Rule

The VA assumes that conditions are static for veterans aged 55 and older. While not officially labeled a protection, this rule eliminates routine future exams for most conditions. An exception may apply for conditions like cancer that go into remission.

Summary of Protections

  • Five-Year Rule: Conditions are considered static and unlikely to improve.

  • 10-Year Rule: Protects your service connection.

  • 20-Year Rule: Protects your disability rating percentage.

  • 55-Year Rule: Assumes conditions are static, reducing the likelihood of re-evaluations.

Final Thoughts

Maintaining your VA disability rating requires consistent effort and attention to your health. Regular visits to your healthcare team ensure your medical records are up-to-date, which is critical for protecting or increasing your rating. While the VA provides several protections, the 10-year and 20-year rules offer the strongest safeguards for your benefits.

By prioritizing your health and understanding the protections in place, you can safeguard your VA disability rating and ensure your benefits remain intact. Thank you for your service, and take the necessary steps today to secure your well-being and peace of mind.


9 views0 comments

Recent Posts

See All

Comments


bottom of page