Temporary vs. Permanent VA Disability Ratings: Protection Rules Explained

Not all VA disability ratings are equal when it comes to long-term security. A freshly assigned 70% rating and a 70% rating held for 20 years carry very different protections. Understanding when and how your rating becomes harder to reduce is essential for financial planning and peace of mind.

Temporary (Reviewable) Ratings

Most VA disability ratings start as temporary. This is the default classification for conditions the VA believes might improve over time.

What "Temporary" Means in Practice

• The VA can schedule periodic reexaminations (C&P exams), typically every 2-5 years
• Your rating can be increased or decreased based on current medical evidence
• Common for post-surgical conditions, recently diagnosed mental health conditions, and injuries that might heal

Your VA decision letter will include language like "subject to future examination" or "this is a reviewable rating."

Protections You Still Have

Even temporary ratings are not unprotected. The VA cannot reduce your rating without:

• Scheduling a reexamination and giving you advance notice
• Showing sustained improvement (not just one good exam day)
• Providing 60 days for you to submit additional evidence before reduction takes effect
• Allowing you to continue receiving the higher payment during an appeal

Permanent Ratings

A permanent rating means the VA has determined your condition is static and unlikely to improve. This designation provides significantly more stability.

When Ratings Become Permanent

The VA designates a rating as permanent when:

• The condition is deemed static based on medical likelihood (chronic PTSD, degenerative conditions)
• The condition involves loss of use or amputation that will not change
• Multiple examinations over years show no significant change
• The decision letter explicitly states "permanent" or "static"

Benefits of Permanent Designation

• No routine reexaminations: The VA will not schedule periodic C&P exams
• Stronger reduction protections: Much harder for the VA to justify reducing your rating
• Long-term financial certainty: You can plan around your monthly compensation
• Peace of mind: No more anxiety about upcoming reexams

Can Permanent Ratings Be Reduced?

Yes, but it is rare. The VA must obtain new medical evidence showing actual improvement and meet a higher burden of proof than for temporary ratings. You retain full appeal rights.

Important Distinction

"Permanent" refers to the VA's determination that your condition is static, not that the percentage can never change. You can still file for an increase if your condition worsens.

The 5-Year Stabilization Rule

Once you have held the same rating for the same condition continuously for 5 years, it becomes "stabilized" under 38 CFR 3.344. This is a significant protection milestone.

What Stabilization Means

• The VA faces a higher burden of proof to reduce your rating
• They must demonstrate material, sustained improvement, not just minor fluctuations
• A single C&P exam showing temporary improvement is not sufficient to reduce a stabilized rating
• You gain additional procedural rights to challenge proposed reductions

How the 5-Year Period Is Calculated

The clock starts from the effective date of your current rating percentage for that specific condition:

• Knee rated 20% effective January 1, 2020 becomes stabilized at 20% on January 1, 2025
• If that knee is increased to 30% in 2022, the 5-year clock for the 30% rating restarts from 2022

Strategic Consideration

Many veterans wait until after the 5-year mark to file for increases. This way, even if the increase is denied, their current rating has strong stabilization protection. Filing for an increase before 5 years could trigger a reexamination that leads to a reduction.

The 10-Year Protection Rule

After 10 years of continuous service connection for a condition, you gain protection under 38 CFR 3.951(b): the VA cannot terminate service connection for that condition.

What the 10-Year Rule Protects

• Service connection cannot be severed: The VA cannot say the condition is no longer service-connected
• Minimum 0% rating retained: Even if symptoms resolve, you keep service connection
• VA healthcare access preserved: You remain eligible for VA treatment for that condition

What It Does NOT Protect

The 10-year rule protects service connection but not rating percentage. The VA could still reduce your rating to 0% (though the 5-year stabilization rule makes even that difficult). The key difference: they cannot take away the connection itself.

Example: You were service-connected for a knee condition in 2014 at 10%. By 2024, you have 10 years of continuous service connection. Even if your knee fully heals, the VA must maintain service connection. They cannot sever it. They could theoretically reduce to 0%, but they cannot take it away entirely.

The 20-Year Permanent Protection Rule

This is the strongest protection available. Under 38 USC 1521 and 38 CFR 3.951(a), if you have held a continuous service-connected rating for 20 or more years, the VA cannot reduce it except in cases of fraud.

What 20-Year Protection Means

• Your rating cannot be reduced. Period. Even if your condition objectively improves.
• Service connection is permanent
• The only exception is fraud (fabricating symptoms or exaggerating disability)
• Maximum financial security for retirement planning

How It Works

The 20 years must be for the same condition with continuous service connection. The rating percentage can have changed during that time:

• PTSD service-connected in 2004 at 50%, increased to 70% in 2010
• By 2024: 20 years of continuous service connection for PTSD
• The current 70% rating is permanently protected at that level

Can You Still Get Increases?

Yes. Filing for an increase after 20 years is low-risk. Even if you are rated at 100%, that new rate immediately gains 20-year protection because the underlying service connection has existed for 20+ years.

Permanent and Total (P&T)

Permanent and Total (P&T) is the gold standard of VA disability designations. It combines two elements: a 100% rating plus a permanent designation.

What P&T Unlocks

Beyond the standard 100% compensation rate, P&T opens the door to:

• CHAMPVA for dependents: Comprehensive healthcare for spouse and children
• Chapter 35 education benefits: Up to 45 months of education assistance for dependents
• Enhanced state benefits: Many states offer additional programs exclusively for P&T veterans
• No routine reexaminations: The VA will not schedule periodic C&P exams
• Work without restriction: P&T schedular allows unlimited employment (unlike TDIU)

P&T vs. Schedular 100% Without Permanent Designation

A veteran can be rated at 100% without being designated as permanent. In that case:

• You receive the same monthly payment
• But you are subject to future reexaminations
• You do NOT qualify for CHAMPVA or Chapter 35 for your dependents
• You have less long-term security

How to Obtain P&T

P&T is a determination the VA makes, not something you file for directly. However, you can increase your chances by:

• Submitting medical evidence showing conditions are chronic and unlikely to improve
• Obtaining doctor statements confirming conditions are permanent and static
• Requesting your VSO specifically request P&T designation in your claim
• Reaching 100% schedular (P&T is more common for schedular 100% than TDIU)

How to Check Your Rating Status

Review Your Decision Letter

Look for these keywords:

• Permanent indicators: "permanent," "static," "not subject to future examination"
• Temporary indicators: "reviewable," "subject to future examination"
• P&T: "Permanent and Total" or "100% P&T"

Calculate Your Protection Timeline

1. Find the effective date in your decision letter
2. Count forward to today
3. For the 5-year rule: Use the effective date of your current rating percentage
4. For the 10-year and 20-year rules: Use the original service-connection date

Preparing for Reexaminations

If you have a temporary rating, the VA will eventually schedule a reexamination.

How to Prepare

• Gather current medical records showing ongoing treatment and symptoms
• Describe your worst days honestly. Do not downplay symptoms.
• Consider a private DBQ (Disability Benefits Questionnaire) from your treating physician
• Bring documentation and notes about your condition's impact on daily life

If the VA Proposes a Reduction

You receive a proposal letter with 60 days to respond. During this time:

• Submit new evidence showing your condition has not improved
• Argue the exam was inadequate or inaccurate
• Invoke 5-year stabilization protection if applicable
• Continue receiving current payment during the 60-day period and any appeal

Key Takeaways

• Most ratings start temporary and may face periodic reexaminations
• After 5 years: Rating is stabilized and harder to reduce
• After 10 years: Service connection cannot be terminated
• After 20 years: Rating cannot be reduced except for fraud
• P&T unlocks CHAMPVA, Chapter 35, and maximum security
• Track your milestones and plan filing strategies accordingly

Use the Veterans Benefits Finder to discover all the benefits available at your current rating level, including those that require P&T status.