What does the 5-year rule mean for my VA disability claim? (2024)

FAQs

What does the 5-year rule mean for my VA disability claim? ›

The VA 5-year rule protects your disability claim by not allowing the VA to reduce your disability rating unless your condition has significantly improved over time. This rule pertains to a rating that has been in effect for five years or longer. After a five-year period, the rating is considered a stabilized rating.

The VA disability 5 year rule allows the VA to ex-examine your VA disability rating within 5 years of your initial examination if your condition is expected to improve over time. However, the VA may still change your disability rating past the 5-year deadline if your condition has significantly improved.

Veterans who maintain a disability rating for at least five years are protected from a reduced rating unless the VA can prove that the veteran's medical condition has shown sustained improvement across the years.

There is no set age of when your VA disability becomes permanent. The VA rater will determine “permanence” of a VA disability if it is reasonably certain, based upon medical evidence, that the level of impairment will continue for the rest of your life. Translation: Whether you're 35 or 75 years old it does not matter.

The VA disability 5 year rule allows the VA to reevaluate your existing VA disability rating within 5 years of your initial examination, if and only if, your disability condition is expected to show material improvement over time.

Five years with no improvement is generally a reasonable timeframe indicating that the disability caused by the condition will be permanent.

The VA's 5-year rule allows them to re-evaluate your disability rating within five years of your initial rating. This re-evaluation is only possible if the VA believes your condition is likely to improve with treatment.

The VA 5-year rule protects your disability claim by not allowing the VA to reduce your disability rating unless your condition has significantly improved over time. This rule pertains to a rating that has been in effect for five years or longer. After a five-year period, the rating is considered a stabilized rating.

Is 70 Percent PTSD a Permanent VA Disability? Receiving a 70 percent PTSD VA rating can lead to a permanent VA disability rating when you receive TDIU, Total Disability due to Individual Unemployability.

Based on the results of the exam, your disability rating may increase, decrease, or stay the same. Once you turn 55, you are typically "protected" and will no longer have to attend an exam to prove that your condition has not changed unless there is reason to suspect fraud. This is sometimes called the 55-year rule.

Do I get my husband's VA disability if he dies? ›

Unfortunately, your spouse cannot receive your VA disability compensation after you die. However, they may get a monthly allowance if they qualify for Dependency and Indemnity Compensation. If you lived in government housing, VA might also allow them to stay in residence for up to a year.

For more information visit the home loan web page2 or call 1-877-827-3702. If a Veteran who is receiving VA compensation or pension benefits passes away, their last month of benefits can be paid to their surviving spouse.

After veterans reach Social Security's full retirement age, VA's disability payments continue at the same level. By contrast, the income that people receive from Social Security or private pensions after they retire usually is less than their earnings from wages and salary before retirement.

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Under that phaseout, veterans whose gross household income was $170,000 or higher in calendar year 2023 and who would have received the average annual payment would no longer receive any disability compensation from VA in calendar year 2024.

After 10 years without any material changes to your condition, the VA goes a step further. If you have a service connection that has been in effect for 10 years or more, the VA will not sever it. This means that the VA cannot terminate your service-connected disability rating.

If you have been receiving service-connected benefits for ten years or longer, your benefits receive special protection from termination. The VA cannot terminate these benefits unless you committed fraud or unless the VA made a "clear and unmistakable error" in granting you benefits (CUE).