The 55-Year Rule for VA Disability Ratings
After going through the long process of applying for and being approved for VA disability benefits and then receiving a disability rating, it can be reassuring that you will start receiving monthly compensation. However, it is essential to understand that the VA does not always consider VA disability ratings permanent. If you don't have a permanent or protected disability rating, the VA can reevaluate your disability rating. However, there is something called the 55-Year Rule for VA disability rating. The 55-Year Rule states that veterans receiving VA disability benefits for service-connected conditions are exempt from periodic future examinations once they turn 55.
At The VA Claims Lawyer, we are experienced in veterans’ affairs, and our nationwide VA attorneys are here to help you. This article will walk you through VA disability ratings, permanent or protected ratings, and how an attorney can help you get the benefits you need. Please feel free to call us at 877 VET FILE.
What is a VA disability rating?
Those who have served honorably in any military branch and have a medical condition or diagnosis related to active duty in the military may be eligible for VA monthly compensation or benefits. However, you must first establish a claim for the medical condition or diagnosis, which the VA must approve. The three components include: a current diagnosis of your condition from a medical professional, an in-service event, injury, or illness, and the link that connected the current condition to the in-service event.
Why does the VA reevaluate your disability?
The reason for the reevaluation is to assess the current severity of the disability. If you are not over 55 and do not have a permanent or protected disability, the VA can reevaluate your disability. Upon notice, you have to attend a reevaluation exam either in person or over the phone.
Following a reexamination, the VA will reach one of the following conclusions:
Your VA rating may be reduced, meaning you are still experiencing some symptoms; however, the VA maintains your disability has improved since your last examination. There are stringent preconditions the VA must meet to reduce a disability evaluation.
It is important to remember should VA propose to sever or reduce benefits, the claimant can and should request a personal hearing within 30 days of notice of the proposed reduction or severance. This has the effect of stopping the proposed action until the claimant has an opportunity to present an oral argument.
VA rating will remain the same: Your symptoms and severity have remained the same since your last examination.
VA Rating will be increased: There is an increase in the symptoms and severity of your disability since your last examination.
If you disagree with your new VA rating, you have one year to submit a Notice of Disagreement with an argument and evidence against the reduction. At this time, you may contact an experienced VA disability attorney who can help you gather your evidence and assist in the appeal.
What is the difference between a permanent or protected VA rating? How does the 55-Year Rule relate to these ratings?
A permanent rating is assigned to a veteran with a service-connected condition that is not expected to improve. Your benefit letter would indicate that "no future examinations are scheduled."
An example of a permanent rating would be;
A disability deemed permanent; lost limb, deaf or blindness, paralyzed.
Disability from disease is permanent and shows no sign of improvement.
The disability evaluation has been in place for over 20 years.
However, a protected VA rating is once a Veteran has had a disability for more than five years and falls into one of three categories.
10-Year Rule: if a service connection for a disability has been in place for ten years or more, it cannot be severed unless there is proof of fraud, but the VA can reduce the rating if the condition has improved.
20-Year Rule: An evaluation that has been in place for 20 years or more at a certain level cannot be reduced or eliminated unless there is evidence of fraud.
The 55-Year-old Rule is also considered a protected VA rating. Again, as mentioned above, veterans who receive VA disability benefits for service-connected conditions are exempt from periodic future examinations once they turn 55.
It is important to note that this includes veterans who will be 55 by their future examination date and that VA can request a reevaluation of a rating for a veteran over age 55 "under unusual circumstances." An example of this would be veterans who have completed treatment for certain cancers must be reexamined six months after treatment.
At The VA Claims Lawyer, we're not just your legal representative. We're your advocate. We've successfully assisted countless veterans in getting the VA benefits they deserve. We can also help you obtain the best possible outcome in your case. If we don't win your case, there is no fee. Contact us today at (877) VET-FILE for your free case evaluation.
