Can My VA Rating Go Down If I File for an Increase?

The Short Answer: Yes, But There Are Protections

One of the most common fears preventing veterans from filing for rating increases is: "What if my rating goes down?" This fear is understandable—the VA can reduce your rating if they find evidence of improvement. However, the reality is more nuanced than many veterans realize, and several protections exist to prevent unjustified reductions.

The truth is that rating reductions happen far less often than veterans fear, especially when you have protected ratings or file with strong evidence of worsening. Understanding when the VA can reduce your rating—and more importantly, when they cannot—will help you make informed decisions about pursuing the rating increase you deserve.

When the VA Can Reduce Your Rating

1. Clear Evidence of Sustained Improvement

The VA cannot arbitrarily reduce your rating. They must have clear and unmistakable evidence that your condition has actually improved—and that the improvement is sustained, not temporary.

What qualifies as clear evidence of improvement:

• Medical records documenting improvement: Your treatment notes consistently show decreased symptoms or increased function

• C&P exam findings: A new examination shows objective improvement (better range of motion, fewer symptoms, improved functioning)

• Medication reductions: You've successfully reduced or discontinued medications because your condition improved

• Return to higher functioning: You've returned to work full-time, resumed activities you couldn't do before, or regained independence

• Treatment success: Medical records show your condition responded well to treatment and stabilized at a less severe level

Key Point: The improvement must be sustained—typically over 6-12 months. A few good weeks or a single positive medical note isn't sufficient to reduce a rating. The VA must show a pattern of improvement, not temporary relief or normal symptom fluctuation.

2. During Routine Future Examinations (RFEs)

For ratings not marked as permanent, the VA can schedule routine future examinations to reassess your condition:

• Initial ratings: Often scheduled for reexamination 2-5 years after the initial grant

• Static vs. Unstable: Conditions marked as "static" (unlikely to improve) are examined less frequently or not at all

• Prognosis-based: The original C&P examiner's prognosis determines if/when an RFE is scheduled

• Automatic scheduling: These exams are system-generated, not triggered by anything you do

If an RFE shows clear improvement, the VA may propose a reduction. However, you have the right to due process before any reduction becomes effective.

3. When You File for an Increase

When you file for an increase, you're essentially asking the VA to reevaluate your condition. This opens the door for them to look at whether you've worsened OR improved:

• New C&P exam: The examiner will assess your current level of impairment

• Comparison to prior ratings: The rater reviews whether your condition is worse, same, or better than before

• Whole person review: In some cases, filing for an increase on one condition can trigger review of your other conditions

While this sounds risky, reductions during increase claims are relatively rare (estimated 3-5% of cases). Most reductions happen during routine future exams, not when veterans file for increases.

4. Fraud or Clear and Unmistakable Error (CUE)

The VA can reduce your rating at any time if they discover:

• Fraud: You lied or misrepresented facts to obtain your rating

• Clear and Unmistakable Error: An obvious mistake was made in granting your original rating

These situations are rare and generally don't apply to legitimate worsening/improvement scenarios.

Protected Ratings: Your Shield Against Reductions

The good news is that many veterans have protected ratings that make reductions much more difficult. Understanding these protections is critical to assessing your risk.

The 5-Year Rule

Protection: After 5 continuous years at a particular rating level, the VA must show sustained improvement under ordinary conditions to reduce your rating.

Legal basis: 38 CFR § 3.344

What this means:

• The VA can't reduce your rating based on a single exam or temporary improvement

• They must prove that under normal life circumstances, your condition has genuinely and sustainably improved

• The burden of proof shifts more heavily to the VA

• Temporary improvement due to special treatment, medication, or unusual circumstances doesn't count

Example: You've been rated 50% for PTSD for 6 years. The VA can't reduce your rating just because one C&P examiner says you're doing better. They'd need consistent evidence over time showing sustained improvement under your normal life conditions.

The 10-Year Rule

Protection: After 10 continuous years of service connection, the VA cannot sever (terminate) your service connection for that condition.

Legal basis: 38 U.S.C. § 1521, 38 CFR § 3.951

What this means:

• Your service connection is essentially permanent

• The VA can still reduce your percentage rating (from 50% to 30%, for example)

• But they cannot reduce it to 0% or terminate service connection entirely

• Exception: Fraud—if you obtained service connection fraudulently, it can be severed

Example: You've been service-connected for degenerative disc disease for 12 years at 40%. Even if your symptoms improve, the VA can't say you're no longer service-connected. They could reduce you to 20% or 10%, but not to 0%.

The 20-Year Rule

Protection: After 20 continuous years at a particular rating percentage, the VA cannot reduce that rating below that level.

Legal basis: 38 CFR § 3.951(b)

What this means:

• Your rating percentage is protected at that level permanently

• This creates a "floor" below which your rating cannot fall

• They can still increase your rating, but can never reduce below the 20-year level

• This is the strongest protection available

Example: You've been rated 70% for PTSD for 22 years. No matter what happens—even if your PTSD significantly improves—the VA cannot reduce you below 70%. This is your permanent floor. You can still file for increases to 100%, with zero risk of reduction below 70%.

How to Know If You Have Protected Ratings

Check your VA decision letters and benefits summary:

• Look at the effective date of each rating percentage

• Calculate how many continuous years you've been at that rating level

• Note: Time at different percentages doesn't combine—if you went from 30% to 50% after 3 years, you start counting the 5/10/20 year clock over at 50%

• Check for "static" designation or P&T status, which provide additional protection

What Triggers a Rating Reduction

Common Triggers

1. Routine Future Examination (RFE): Scheduled by the VA system based on your condition's prognosis

2. Filing for an increase: When you request reevaluation of your condition

3. Medical records showing improvement: If VA obtains records indicating sustained improvement

4. Return to work: Full-time employment sometimes triggers review, especially for TDIU recipients

5. Social media evidence: Photos or posts showing activities inconsistent with claimed limitations

Things That DON'T Automatically Trigger Reductions

• Good days: Having some better days doesn't mean sustained improvement

• Completing treatment program: Finishing PTSD therapy or rehab doesn't mean you're cured

• Age: Getting older doesn't trigger reduction (actually, many conditions worsen with age)

• Getting married or divorced: Life changes don't affect your rating

• Informal comments to doctors: Saying "I'm feeling better today" at one appointment isn't grounds for reduction

How to Protect Your Rating

1. Be Honest and Accurate at C&P Exams

• Describe your worst days: Don't just report how you feel on exam day

• Be specific about functional limitations: What can't you do? What requires help?

• Mention frequency: How often do symptoms occur? How long do flare-ups last?

• Don't minimize: Some veterans downplay symptoms out of pride or military stoicism—this can hurt you

• Don't exaggerate: Conversely, obvious exaggeration can backfire and raise fraud concerns

2. Maintain Consistent Treatment

• Continue seeing your doctors regularly

• Don't skip appointments (gaps in treatment can suggest improvement)

• Take medications as prescribed

• Document ongoing symptoms at each visit

• If treatment helps, clarify that it manages symptoms but doesn't cure your condition

3. Be Careful on Social Media

• Avoid posting photos/videos of activities that seem inconsistent with your claimed limitations

• Don't post about how much better you're feeling or how well you're doing

• Remember: The VA and contract investigators can review public social media

• Consider making profiles private, but assume anything online could be seen

4. When Filing for Increases, File Strategically

• Only file for increases when you have solid evidence of worsening

• Don't file just to "see what happens"—this opens you to review

• Submit strong evidence with your claim showing clear worsening

• Consider protected rating status when deciding whether the risk is worth it

5. Keep Good Records

• Keep a symptom journal documenting bad days, flare-ups, and limitations

• Take photos of visible symptoms (rashes, swelling, mobility aids in use)

• Save all medical records and correspondence

• Get buddy statements from family observing your struggles

Fighting a Proposed Reduction

If the VA proposes to reduce your rating, don't panic. You have rights and time to respond.

The Proposed Reduction Process

1. Notice of Proposed Reduction: The VA must send you written notice explaining why they believe your condition has improved and proposing a lower rating

2. 60-Day Response Period: You have 60 days from the date of notice to respond

3. Your Current Rating Continues: You keep receiving your current rate during the response period and while the VA considers your response

4. VA Makes Final Decision: After reviewing your response, they'll either proceed with the reduction or maintain your current rating

How to Respond

Within the 60-day window, you should:

1. Submit recent medical evidence: Get updated medical records, a new IME, or statements from your doctors showing continued severity

2. Submit buddy statements: Have family members write statements about your continued limitations

3. Write a personal statement: Explain why you disagree with the proposed reduction, citing specific symptoms and limitations

4. Challenge the examiner's findings: Point out errors in the C&P exam (if the examiner didn't review your records, misunderstood your symptoms, etc.)

5. Request a hearing: You have the right to a hearing to present your case in person

6. Cite protected rating rules: If you have a 5, 10, or 20-year protected rating, remind the VA of these protections

Get Help

Consider working with a VSO or accredited attorney when fighting a reduction. They understand the legal protections and can help craft a strong response. Proposed reductions can often be successfully fought with the right evidence and arguments.

The Bottom Line: Weighing Risk vs. Reward

When deciding whether to file for an increase, consider:

Lower Risk Scenarios:

• You have 5, 10, or 20-year protected rating

• You have P&T status

• Your condition is marked as "static"

• You have strong evidence of clear worsening

• You've been hospitalized or had major treatment escalation

• The rating increase would significantly improve your financial situation

Higher Risk Scenarios:

• You've had your rating less than 5 years

• Your recent medical records show improvement

• You've reduced medications or completed treatment successfully

• You've returned to full-time work after being unable to work

• You don't have strong evidence of worsening

• The potential increase is small (e.g., 10% to 20%)

Risk Assessment Questions:

• Do you have protected ratings? (5, 10, or 20 years)

• Do you have strong medical evidence of worsening?

• Are you filing for conditions that have clearly worsened vs. being exploratory?

• Would the potential increase significantly improve your financial situation?

• Are you prepared for the possibility of a C&P exam?

If you answered "yes" to most of these questions, the risk of reduction is likely low and the potential reward of a higher rating makes filing worthwhile.

Remember: The fear of reduction prevents many veterans from claiming the benefits they've earned. While reductions can happen, they're relatively rare—especially with protected ratings and when you file with strong evidence. Don't let fear alone prevent you from pursuing a rating that accurately reflects your current level of disability.

If you're genuinely uncertain, consult with a VSO or accredited attorney. They can review your specific situation and help you make an informed decision about whether the potential reward outweighs the risk.