Veterans receiving VA disability benefits are all subject to re-evaluation within the first 5 years of receiving their rating.
During this time, the VA can reduce a VA disability rating based on evidence that the condition is improving.
Yet after 5 years without improvement, the VA 5-year rule applies, protecting veterans from having their VA benefits reduced when their condition qualifies as being static.
Learn here more about the VA disability 5-year rule and its importance!
What Is The VA Disability 5-Year Rule?
The VA disability 5-year rule allows the VA to review a veteran’s VA rating within 5 years of their initial examination if there is the expectation that the condition will improve over time.
On the other hand, if a veteran’s disability remains static or continues to worsen, the VA can no longer seek re-evaluations once it reaches the 5-year mark.
This is designed to protect a veteran from having their VA disability benefits reduced once their condition has entered the status of being static.
The effective date for the 5-year disability rule is 5 years from the date of the veteran’s last disability rating decision.
Why Does the VA Re-Evaluate Disability Ratings
The VA has the right to re-evaluate a veteran’s disability rating when previous records indicate that there is an expected improvement in their condition.
Since not all disabilities are permanent, the VA may ask to re-evaluate those veterans with non-permanent disabilities and adjust their rating accordingly.
A lowered disability rating after a re-evaluation can affect VA benefits if the veteran’s condition is improving, but some ratings are not subject to re-evaluation at all.
The VA also has the authority to re-evaluate a disability rating after the 5-year point if the veteran has shown marked improvement according to their medical records.
Which Disability Ratings Are Not Subject to Re-Evaluation By The VA?
While the VA can request a VA disability rating re-evaluation in most cases within the first 5 years after a veteran receives their rating, these specific ratings are protected and not subject to re-evaluation:
- The condition is considered static and has not improved in 5 years.
- The condition is permanent and there is little to no likelihood of improvement.
- The condition has been there for 10 years or more.
- The condition has been continuous for 20 years or more.
- The veteran is older than 55 years of age.
- The veteran has a total disability rating of 100%.
- The condition is rated at the minimum within its diagnostic code, is rated 10% or less, or the combined evaluation would not change even if the re-evaluation was reduced for one or more of the conditions.
How Should Veterans Protect Their VA Ratings During the First 5 Years?
Veterans may be subject to re-evaluations to adjust their disability ratings and VA disability benefits in many instances throughout the first five years after they receive their rating.
While it is not possible to prevent a rating decrease if there is actual improvement happening, veterans can take steps to protect their ratings to ensure they continue to receive disability benefits when their conditions remain static or worsen over time.
They should go to all required medical appointments, take all of their medications, and most importantly, keep doctors informed on how a disability impacts their everyday life and ability to work.
How the veteran’s condition impacts their life must be well-documented in their medical records to be sure the full effect of their disability is being understood, as this is an important consideration in their disability rating.
Get Help With Questions About the VA Disability 5-Year Rule
The VA disability 5-year rule exists to govern disability re-evaluations and when they are appropriate.
Not all veterans are subject to VA disability benefits re-evaluations.
Seek VA benefits assistance from an experienced VA disability expert when questioning a request for re-evaluation or disputing the results of one.
Have Questions About VA Disability Re-Evaluations in Georgia?
Contact The VA Disability Experts at True Vet Solutions for Help!
Call 888-802-1549 To Learn More!
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