Temporary vs Permanent VA Disability Ratings: Understanding Protections and Stabilization

Understanding Rating Duration: Temporary vs Permanent

Not all VA disability ratings are created equal when it comes to duration and protection. Your rating falls into one of several categories based on how long you've held it and whether the VA considers your condition likely to improve.

These classifications determine:

• Whether the VA can schedule you for reexaminations
• How much evidence the VA needs to reduce your rating
• Your eligibility for certain benefits (like CHAMPVA for dependents)
• Your long-term financial security and planning

Temporary (Reviewable) Ratings

Most VA disability ratings start as temporary or "reviewable" ratings. This is the default classification for conditions that might improve over time.

Characteristics of Temporary Ratings

• Subject to periodic reexaminations: The VA schedules C&P (Compensation & Pension) exams typically every 2-5 years
• Can be increased or decreased: Based on current medical evidence and examination findings
• Common for: Post-surgical conditions, recent injuries, mental health conditions being monitored, conditions expected to improve or worsen
• May transition to permanent: Over time, if the condition stabilizes or clearly won't improve

When You'll See "Subject to Future Examination"

Your VA decision letter will include language like:

• "Your rating is subject to future examination"
• "We may schedule you for a future exam"
• "This is a reviewable rating"

Typical Reexamination Schedule

• 2-3 years: Conditions expected to improve or that need monitoring
• 4-5 years: Stable conditions that might change
• Variable: Some conditions trigger reexams only if you file for an increase

Protections for Temporary Ratings

Even temporary ratings have some protection. The VA cannot reduce your rating without:

• Scheduling a reexamination
• Providing advance notice of the exam
• Showing sustained improvement (not just a single good day)
• Giving you 60 days to submit additional evidence before the reduction takes effect
• Allowing you to appeal while continuing to receive the higher payment

Real Talk: Your rating doesn't automatically become permanent. You need to request it, usually after 5+ years of stable ratings. Until then, the VA can schedule you for re-examinations at any time. After 20 years, you get much stronger protection - the VA can only reduce you if they prove fraud.

Permanent Ratings

A permanent rating indicates the VA has determined your condition is static - unlikely to improve. This provides significantly more stability and stronger protections against reduction.

When Ratings Become Permanent

The VA designates a rating as permanent when:

• Condition is deemed static: Based on medical likelihood of improvement (e.g., chronic PTSD, degenerative conditions)
• Based on loss of use or amputation: Objective findings that won't change (e.g., missing limb, fused joint)
• Condition has remained stable: Multiple exams over years show no significant change
• Explicitly stated in decision letter: The VA writes "permanent" or "static" in your rating decision

Benefits of Permanent Rating Designation

• No routine reexaminations: The VA won't schedule periodic C&P exams
• Stronger reduction protections: Much harder for the VA to reduce a permanent rating
• Long-term financial planning: You can confidently plan around your monthly compensation
• Peace of mind: No anxiety about upcoming reexams affecting your rating

Can Permanent Ratings Be Reduced?

Yes, but it's rare and requires strong evidence:

• The VA must show your condition has actually improved (not just stabilized)
• They must obtain new medical evidence justifying the reduction
• You have the right to challenge the reduction through appeals
• The burden of proof is higher than for temporary ratings

Permanent Does Not Mean "Permanent" Rating Percentage

Important distinction: "Permanent" refers to the VA's determination that your condition is static, not that your rating percentage can never change. If you file for an increase and provide evidence of worsening, your permanent rating can still be increased.

The 5-Year Stabilization Rule

Once you've held the same rating for the same condition continuously for 5 years, it becomes "stabilized" under 38 CFR 3.344. This provides meaningful protection even if not explicitly designated as permanent.

What Stabilization Means

• Higher burden of proof for reductions: The VA must show sustained improvement, not just a snapshot
• Must demonstrate material improvement: Not just minor fluctuations in symptoms
• Requires thorough evidence: The VA can't reduce based on a single exam showing temporary improvement
• Procedural protections: You have additional rights to challenge proposed reductions

How the 5-Year Period Is Calculated

The 5-year period begins from the effective date of your current rating percentage for that specific condition:

• Example 1: Knee condition rated 20% with effective date January 1, 2019. By January 1, 2024, it's stabilized at 20%.
• Example 2: Knee rated 10% in 2018, increased to 30% in 2020. The 5-year period for the 30% rating starts in 2020, reaching stabilization in 2025.

5-Year Rule Does Not Apply To

• Temporary 100% ratings for post-surgical or convalescence periods
• Ratings based on clear error or fraud
• Total Disability Individual Unemployability (TDIU) ratings if employment status changes

Strategic Importance of the 5-Year Mark

Many veterans strategically delay filing for increases until just after the 5-year mark to protect their current rating. For example:

• You have 70% PTSD, effective 2019
• By 2024, it's stabilized at 70%
• Now you file for increase to 100% - even if denied, your 70% has strong protection

The 10-Year Protection Rule

Once you've had a continuous service-connected rating for the same condition for 10 years, you gain additional protection under 38 CFR 3.951(b): the VA cannot terminate service connection.

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 completely resolve, you keep service connection
• Rating can be reduced to 0%: But not terminated entirely
• Protects VA healthcare access: You remain eligible for VA medical care for that condition

How 10-Year Protection Works

Example scenario:

• You were service-connected for knee condition in 2010 at 10%
• Increased to 30% in 2015
• By 2020, you've had continuous service connection for 10 years
• Even if your knee miraculously heals, the VA must maintain service connection (though they could reduce to 0%)
• You retain VA healthcare eligibility for knee-related treatment

10-Year Rule vs 5-Year Rule

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The 20-Year Permanent Protection Rule

The 20-year rule is the strongest protection available. Under 38 USC 1521 and 38 CFR 3.951(a), if you've had 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

• Rating cannot be reduced: Period. Even if your condition improves, your rating percentage stays
• Service connection is permanent: Cannot be terminated
• Only exception: Fraud (you lied about symptoms or exaggerated disability)
• Maximum financial security: You can confidently plan retirement knowing your rating is locked in

How the 20-Year Rule Works

Example:

• You were service-connected for PTSD in 2004 at 50%
• Increased to 70% in 2010
• By August 2024, you've had continuous service connection for PTSD for 20 years
• Even if your PTSD symptoms significantly improve, the VA cannot reduce your 70% rating
• Your rating is permanently protected at 70% for life

Important Clarifications

• Continuous service connection required: You must have been service-connected for 20+ years, but the rating percentage can have changed during that time
• Same condition: The 20 years must be for the same condition, not just any service connection
• Rating protected at current level: Whatever rating you have at the 20-year mark is the protected minimum
• Can still be increased: You can file for increases even after 20 years and gain a higher protected rating

20-Year Protection Example Scenarios

Scenario 1: Variable Rating, Same Condition

• 2004: Knee rated 10%
• 2010: Increased to 20%
• 2018: Increased to 30%
• 2024: 20 years of continuous SC - current 30% rating is permanently protected

Scenario 2: Strategic Increase Filing

• 2004-2024: PTSD rated 70% continuously for 20 years
• 2025: You file for increase to 100% - approved
• Now your 100% rating is immediately protected at the 20-year level

Scenario 3: Interruption of Service Connection

• 2000-2010: Knee rated 10% (10 years)
• 2010: VA terminates service connection (gap in SC)
• 2015: Service connection restored at 20%
• 2035: 20 years from 2015, not from 2000 - the interruption reset the clock

Permanent and Total (P&T)

Permanent and Total (P&T) is a special designation combining two elements: 100% rating AND permanent status. It's the gold standard of VA disability ratings.

What P&T Designation Means

• 100% disability rating (schedular or TDIU)
• Designated as permanent by the VA
• Not subject to routine reexaminations
• Strongest protection against reductions

Additional Benefits of P&T

Beyond the standard 100% compensation, P&T unlocks:

• CHAMPVA for dependents: Comprehensive health insurance for spouse and children
• Chapter 35 education benefits: Education assistance for spouse and children (up to 45 months)
• Enhanced state benefits: Many states offer additional benefits specifically for P&T veterans
• Can work without restriction: P&T schedular allows unlimited employment (unlike TDIU)
• Estate planning benefits: Spouse may qualify for Dependency and Indemnity Compensation (DIC) after veteran's death

P&T vs Schedular 100% Without P&T

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How to Obtain P&T Designation

P&T is not something you explicitly "file for" - it's a determination the VA makes. However, you can increase your chances:

• Submit strong medical evidence: Show your conditions are chronic and unlikely to improve
• Obtain medical opinions: Have doctors state conditions are permanent and static
• Reach 100% schedular: P&T is more common for schedular 100% than TDIU
• Request P&T designation: Ask your VSO to specifically request P&T in your claim
• Wait for conditions to stabilize: Newly rated 100% may not get P&T immediately; may require years of stability

TDIU (Total Disability Individual Unemployability)

TDIU allows veterans rated less than 100% schedular to receive 100% compensation if they cannot work due to service-connected disabilities.

TDIU vs Schedular 100%

• Payment: Same monthly amount as schedular 100%
• Employment restriction: Cannot engage in substantial gainful employment (generally cannot earn above poverty threshold)
• Subject to review: The VA may review your employment status
• Can be P&T: TDIU can be designated as permanent and total, unlocking CHAMPVA and Chapter 35

TDIU Eligibility

To qualify for TDIU, you generally need:

• One condition rated at 60% or higher, OR
• Combined rating of 70% or higher with one condition at 40% or higher
• Unable to maintain substantially gainful employment due to service-connected disabilities

TDIU Protections

TDIU ratings have different protections than schedular ratings:

• If permanent: Protected similar to P&T schedular
• If not permanent: Subject to review if employment status changes
• Working above poverty threshold: May lose TDIU
• After 20 years: Some TDIU ratings gain protection, but not as absolute as schedular

How to Check Your Rating Status

Review Your Decision Letter

Your VA decision letter should explicitly state:

• Permanent: "Your rating is permanent" or "static"
• Temporary: "Subject to future examination" or "reviewable"
• P&T: "Permanent and Total" or "100% P&T"

Look for These Keywords

• Permanent indicators: "permanent," "static," "not subject to future examination"
• Temporary indicators: "reviewable," "subject to future examination," "stabilized"

Calculate Your Timeline

To determine if you have 5-year, 10-year, or 20-year protections:

• Find the effective date in your decision letter
• Count forward from that date to today
• If your rating percentage changed, use the effective date of the current percentage for 5-year rule
• Use the original service-connection date for 10-year and 20-year rules

Request Your C-File

Your complete claims file (C-file) shows all rating decisions and changes over time. Request it via:

• VA.gov FOIA request
• Calling 1-800-827-1000
• Visiting your local VA Regional Office

Reexaminations: What to Expect

If you have a temporary rating, the VA will eventually schedule a Compensation & Pension (C&P) exam to reevaluate your condition.

When Reexams Are Scheduled

• Initial rating: Often scheduled 2-5 years after your initial service connection
• After increases: The VA may schedule follow-up exams to verify continued severity
• Temporary 100% ratings: Scheduled when the temporary period ends (e.g., after surgery recovery)
• Quality reviews: Random audits may trigger reexaminations

Preparing for Reexaminations

• Gather current medical records: Bring documentation of ongoing treatment and symptoms
• Be honest about bad days: Don't downplay symptoms - the examiner needs to see your worst, not best days
• Submit DBQ if needed: Consider a private Disability Benefits Questionnaire from your treating physician
• Bring a representative: You can bring a VSO, attorney, or family member to the exam
• Document everything: Take notes on what the examiner said and did

After the Reexamination

The VA will issue a new decision based on the exam findings. Possible outcomes:

• Rating maintained: No change to your current percentage
• Rating increased: Evidence shows worsening
• Rating decreased: Evidence shows improvement
• Designated as permanent: The VA determines no further exams needed

Warning: Common mistakes that lead to rating reductions: Saying you're "doing better" at C&P exams when you mean you're coping (not cured). Skipping treatment appointments - gaps in care suggest improvement. Downplaying symptoms because you're having a good day. Not reporting flare-ups and bad days to your doctor. The C&P examiner only sees a snapshot - make sure your medical records tell the full story of your worst days.

Challenging Proposed Reductions

If the VA proposes to reduce your rating after a reexamination:

• You receive a proposal letter with 60 days to respond
• Submit new evidence showing your condition hasn't improved
• Argue that 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

Strategic Considerations

Timing of Increase Claims

Consider waiting until after the 5-year mark before filing for increases. This way, your current rating is stabilized and protected even if the increase is denied.

Working with P&T

If you have P&T schedular (not TDIU), you can work without restriction. However:

• Keep your rating separate from employment in your mind
• Your rating is based on medical evidence, not work ability
• Working doesn't prove your conditions aren't disabling

Planning for Retirement

Understanding your rating protections helps with retirement planning:

• 5+ years: Moderate stability; plan conservatively
• 10+ years: Strong service connection protection; plan with more confidence
• 20+ years: Maximum protection; treat as guaranteed lifetime income

Documenting Worsening

Even with a permanent rating, keep medical records showing ongoing symptoms and any worsening. This supports future increase claims.

Key Takeaways

• Most ratings start temporary and may be subject to reexaminations
• Permanent ratings are designated by the VA and mean no routine reexams
• 5-year rule: After 5 years, ratings are stabilized and harder to reduce
• 10-year rule: After 10 years, service connection cannot be terminated
• 20-year rule: After 20 years, ratings cannot be reduced (except fraud)
• P&T is the gold standard: Combines 100% rating with permanent designation and unlocks CHAMPVA/Chapter 35
• TDIU has employment restrictions: But can be P&T if designated as such
• Know your timeline: Track when you reach 5, 10, and 20-year milestones for maximum protection