Will Your VA Disability Benefits Ever Expire?

After receiving your VA disability rating, it’s natural to wonder how long your benefits will last. Maybe you’ve even heard troubling stories of veterans getting those benefits taken away

The good news is that, in most cases, your benefits will continue as long as your service-connected condition persists. However, there are situations where the VA may revisit your case, re-evaluate your condition, and propose a rating reduction. Knowing when this can happen—and how to safeguard your benefits—can make a big difference in your long-term financial security.

image

image

Your Rating Isn’t Automatically Permanent

When the VA first assigns your disability rating, it’s based on how severe your condition is at the time. The VA understands that some conditions may improve with treatment, rehabilitation, or the passage of time. Because of this, most initial ratings are not considered permanent and are subject to periodic review.

If your disability is expected to improve, the VA may schedule a future examination to determine whether your condition still warrants the assigned rating. These re-examinations usually occur within two to five years of your initial award and may be scheduled at regular intervals after that. Veterans under age 55 are more likely to be called in for these follow-up evaluations, especially if the original rating was based on a temporary condition.

That said, many veterans maintain the same rating for decades without changes—particularly when they continue treatment, document their symptoms, and avoid gaps in care.

When Re-Evaluations Can Happen

The VA has the authority to re-evaluate your disability rating if there is a valid reason to believe your condition has improved. This can happen if the initial medical reports noted the potential for recovery or if recent treatment records suggest your symptoms are no longer as severe. Additionally, if you file for an increased rating and submit new evidence, the VA may take the opportunity to reassess your entire claim file—not just the condition you’re appealing.

Re-evaluation Thresholds

The 5-Year Rule: Let’s say you get rated for back pain that could show “material improvement” over time. The VA has the right to review your rating within five years of your initial examination. If your back pain has improved, the VA could reduce or eliminate your rating. If your record shows that your pain has remained constant, they will keep your rating the same until the next review.

The 10-Year Rule: The VA may evaluate you again, this time within 10 years of your initial evaluation. If your condition has improved, they may reduce your rating. However, if your rating has been in place for 10 years or more, they cannot eliminate it.

The 20-Year Rule: Once your rating has been in place for 20 years, the VA cannot eliminate it, and they can’t decrease it beneath the lowest rating it has historically been assigned. That means if your back pain has been constant at a 50% rating, the VA cannot reduce it below that point, even if it improves at some point in the future.

One Exception: Fraud

If the VA finds that you committed fraud with any of your past claims, they reserve the right to reduce your rating at any point.

Age Matters, Too

Once a veteran turns 55, their status becomes protected, meaning that the VA will not re-evaulate them or reduce or eliminate their rating—except under very unusual circumstances.

How Secure Is a 100% VA Disability Rating or Permanent and Total Disability Rating?

Veterans with 100 percent disabled veteran benefits are still subject to re-evaluation if their record shows that their condition could show material improvement.

A permanent and total (P&T) designation is different. This status is given to veterans with a 100% disability who are not likely to improve. It puts veterans in the “safe zone” so they will not be re-evaluated except in rare situations. These include:

  • The VA discovers fraud related to their rating
  • The VA discovers a clear error related to their rating
  • The veteran requests additional VA benefits that cause the VA to re-examine their file, and they discover that the veteran’s condition has improved

How Secure is a Rating for Total Disability based on Individual Unemployability?

Total Disability based on Individual Unemployability (TDIU) is granted to veterans who meet a certain threshold for their disability. This includes:

  • One condition rated at 60% or higher OR
  • A combined rating of 70% or higher where one condition is rated at 40% or higher

Veterans who meet these criteria can apply for TDIU as long as they can show that they are unable to find and maintain gainful employment (i.e., employment that pays above the federal poverty level).

This designation is different from Permanent and Total Disability because TDIU could improve over time. And when a veteran’s condition may improve, they are subject to re-evaluation that could prompt the VA to reduce or eliminate their rating.

A veteran could also lose their TDIU status regardless of their health condition if they report income over the federal poverty level.

What Can Lead to a Reduction in Benefits?

While it’s rare, reductions do happen. The most common reason is that a VA-ordered re-evaluation finds that your condition has improved to the point that your original rating is no longer justified. You could also be in jeopardy of a reduction if you miss a scheduled re-evaluation exam or fail to submit evidence requested by the VA.

Sometimes, filing for an increase can unintentionally prompt a full review of your current ratings. If this review leads the VA to believe that one of your conditions has improved, they may move to reduce it—even if your intention was to increase another rating.

If the VA proposes a reduction, they are required to notify you in writing. You will have the opportunity to submit medical evidence, request a hearing, and defend your current rating. Veterans who respond quickly and provide thorough documentation often succeed in maintaining their existing benefits.

If the VA reduces your rating, you have the right to appeal their decision. A veterans disability consulting firm can help you do this in the most effective way possible.

How to Maintain and Protect Your VA Benefits

The best way to safeguard your benefits is to stay engaged with your medical care and keep accurate records of your symptoms. Attend all scheduled exams, follow your treatment plan, and keep copies of doctor’s notes that show your condition hasn’t improved. If you notice a change in your symptoms—whether for better or worse—make sure it’s reflected in your medical file.

If you believe your condition is stable or worsening and unlikely to improve, you may also consider requesting P&T status. Having that designation can offer long-term peace of mind.

Ready to Take Action?

Discover our proven process for maximizing your VA disability benefits.

How to Increase Your VA Rating for Major Depressive Disorder

Depression: 38 CFR § 4.130 Diagnostic Codes: 9433, 9434, 9435 If you're living with major depressive disorder (MDD) as a result of your military service, you already know how deeply it can impact your daily life. But knowing that doesn't automatically translate into...

Disabled Veterans: 7 Steps to Prepare for Your C&P Exam

Looking to file a new VA disability claim? Or to increase your rating so you can receive 100% disabled veteran benefits? Once you file your claim, the VA may reach out to you about getting a C&P exam (Compensation and Pension exam). This is a medical evaluation...

How to Access Your VA C-File Online

At VA Claims Academy, we deal with thousands of people who need to get help with their VA disability claim. And there's no better way to start this process than by reviewing your C-File (Claims File). If you're pursuing or appealing a VA disability claim, you'll want...

Strategies to Boost Your VA Anxiety Rating to 70% or Higher

38 CFR § 4.130 Diagnostic Codes: 9400 (Generalized Anxiety Disorder) 9403 (phobias) 9410 (other specified anxiety disorders) 9412 (panic disorder and/or agoraphobia) 9413 (unspecified anxiety disorder) If you're struggling with service-connected anxiety, you know the...