The VA Disability 5-Year Rule: When Does the Clock Start for Your Claims

The risk of a rating reduction can be a significant source of anxiety for veterans who are receiving disability benefits from the Department of Veterans Affairs.

One fortunate provision is the VA Disability 5-Year Rule, which provides protection and makes it more difficult for the VA to reduce your rating after five years of service.

To be more specific, when exactly does the clock begin to tick?

The five-year timeframe starts on the day that your most recent rating decision from the VA was made, not the date that you initially submitted your claim.

In the event that your disability rating was finalized on February 26, 2023, for instance, the Veterans Affairs (VA) has the authority to reevaluate your condition until February 26, 2028, provided that there is a reasonable belief that your disability might improve.

Once this five-year window has passed, the Department of Veterans Affairs (VA) may still evaluate your case; however, this will only be the case if there is clear medical evidence of continuous improvement under normal life settings.

How the Department of Veterans Affairs makes use of reexaminations

In the first five years of your service, the Department of Veterans Affairs (VA) may schedule a Compensation and Pension (C&P) exam to determine whether or not your condition has improved.

In most cases, these examinations take place between two and five years after the decision about your rating.

This is how the procedure is carried out:

1. A notification is sent to you informing you that your disability rating is being evaluated.
2. A new C&P examination is going to be held.
3. The Veterans Affairs (VA) may decide to reduce, preserve, or even raise your benefits based on the outcome of the investigation.
4. In the event that a reduction is suggested, you have sixty days to provide medical documentation demonstrating that your condition has not improved. Also, you have thirty days to submit a request for a hearing.

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Who is not required to undergo reexaminations?

Even within the first five years of their service, certain veterans are shielded from their ratings being reduced.

You might not be required to undergo a reexamination if the following conditions are met:

• You have reached the age of 55 or older (with some exceptions, such as certain cancers).
• Since you were diagnosed with a disability five years ago, it has remained unaltered.
• A grade of Permanent and Total Disability has been assigned to you.
• Keeping your disability rating from the VA protected

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In order to get around a reduction, it is essential to:

• Every medical visit should be attended.
• Observe the treatments that have been prescribed.
• The way in which your disease impacts your day-to-day life and work should be documented by your physician.

Despite the fact that the VA Disability 5-Year Rule offers veterans significant protections, it is essential to maintain a proactive stance.

In the event that you are given a notice of reexamination, seeking the advice of a VA disability attorney might assist you in maintaining the stability of your rating.