How Often Does the VA Review Disability Ratings?

When the VA approves your disability benefits claim, it will assign a disability rating to your condition(s), which determines the amount of monthly compensation you receive and your access to other benefits and services. However, the VA may periodically review your VA disability rating to see if your medical condition has changed. But how often does the VA review disability ratings, and does the VA continue reviewing your medical condition for the rest of your life? 

When the VA May Review a Disability Rating

In most cases, the VA may review a disability rating within two to five years after an initial rating. The VA will determine the schedule for reviewing the disability rating in the initial determination notice, advising the veteran when they can expect to undergo a review of their disability rating. The date for review will depend on how likely the VA expects the veteran’s condition to improve, with disability rating reviews scheduled sooner for conditions more likely to improve. However, the VA may not schedule a disability rating review after an initial determination if the veteran has a “static” or “permanent’ condition, such as an amputation, or a protected condition not subject to review. The VA can also schedule an earlier review if it learns of facts indicating that a veteran’s condition has improved. 

How Does the VA Notify Veterans of a Review?

The VA may schedule a future disability rating review in the initial claim determination. When the VA decides to conduct a review of a veteran’s disability, it will send a letter to the veteran notifying them of a scheduled compensation and pension (C&P) exam. The letter may also request that the veteran submit updated medical records. Finally, the VA will send the veteran a questionnaire asking them to describe their current condition and changes in their condition since receiving their rating. A veteran may receive a short-form questionnaire with a few questions or a long-form questionnaire if the VA expects the veteran’s condition to have improved. 

Veterans must attend the C&P exam, submit additional documentation as requested, and complete and submit the questionnaire form from the VA. Veterans who fail to do all these things risk losing their disability benefits. 

What Can Trigger a Review Outside the Routine Schedule?

The VA may conduct a review of a veteran’s disability rating under various circumstances, such as:

• The VA receives new medical evidence indicating that the veteran’s condition has improved.
• The VA gets reports of a significant improvement in the veteran’s condition, such as learning that the veteran has returned to work.
• A veteran on Total Disability based on Individual Unemployability returns to the workforce.
• The VA flags the veteran’s case as part of a quality control audit
• The veteran files an appeal or a new claim to assert a worsening of their condition or a secondary condition

When Do Disability Ratings Become Review-Protected?

A disability rating may become protected from future review under specific circumstances, including:

• A permanent or protected condition: The VA may not schedule a routine future examination after an initial disability rating if the veteran has a condition that cannot improve (such as an amputation) or causes a permanent and total disability.
• Ten-year rule: The VA may not terminate a veteran’s disability benefits if they have held their benefits for at least ten years. However, the VA can conduct future reviews and reduce the veteran’s disability rating (except for permanent and total disabilities) if the veteran’s condition improves after the ten-year rule goes into effect. However, the rule does not apply in cases where a veteran committed fraud to secure their disability rating. 
• 20-year rule: After 20 years, the VA may not reduce a veteran’s disability rating under any circumstances, except in cases where the veteran procured their rating through fraud. 

Contact a VA Disability Lawyer Before a Review

Contact Veterans Benefits Law Group today for a free, no-obligation consultation with a VA disability benefits attorney to learn more about the review process for your VA disability rating and when your rating may become protected from future reviews or reductions.