A request for an increase can lead VA to review related evidence. Stabilization and preservation rules may apply depending on the rating history, effective dates, and facts.
The 5-Year Rule
When the same evaluation has continued for 5 years or more, the stabilization provisions in 38 C.F.R. § 3.344 generally apply. VA must review the full record and determine whether the evidence shows sustained material improvement under the ordinary conditions of life. For conditions subject to temporary or episodic improvement, one examination generally is not enough unless all the evidence clearly warrants the conclusion. These safeguards do not prevent every reexamination or guarantee that a rating cannot be reduced.
The 10 and 20-Year Rules
- 10 Years: Under 38 C.F.R. § 3.957, service connection in effect for 10 or more years generally cannot be severed unless the original grant was based on fraud or military records clearly show the person lacked the required service or character of discharge. This protects service connection; it does not freeze the percentage assigned.
- 20 Years: Under 38 C.F.R. § 3.951(b), a disability continuously rated at or above a particular evaluation for 20 or more years generally cannot be reduced below that protected level unless the rating was based on fraud. The protected floor does not guarantee that every part of a claim or every evaluation above that floor remains unchanged.
A request for an increase can lead VA to review evidence connected to the disability. Before deciding what to do, compare the effective dates and evaluation history in your decision letters with your current medical records and the applicable criteria. TYFYS can help organize those materials and explain questions to discuss with a VA-accredited representative; only VA decides whether an evaluation changes.
For a broader pre-filing review of static status, routine future exam risk, 10- and 20-year protection, and age 55 factors, use the VA static disability evidence checklist.
Review the Rules Before You Decide
Organize your rating history, identify questions, and understand which protections may apply before choosing a filing step. No review can guarantee a VA rating or prevent VA from applying its rules to the evidence.