The 55-Year Rule in VA Disability Claims with Warrior Allegiance

Introduction:

Ensuring the integrity of disability ratings is a key aspect of the VA’s commitment to veterans. The Veterans Affairs department maintains the authority to reevaluate disabilities to assess any changes in their status. However, there exists a safeguard for veterans aged 55 and above, protecting them from potential rating reductions.

Does the VA Shield You from a Rating Reduction at Age 55? Indeed, if you are 55 years or older, you benefit from protection against a VA rating reduction.

Why?

This safeguard, often referred to as the VA 55-year rule, acts as a shield for veterans against potential rating reductions once they cross the age of 55.

Pro Tip: It’s crucial to be aware of three significant exceptions to the VA disability 55-year rule:

1. Fraud: If the VA uncovers fraudulent activities, it may eliminate the original rating after a decade.
2. Permanent and Total VA Ratings: Veterans holding a Permanent and Total (P&T) Rating are exempt from the VA disability 10-year rule. The P&T rating indicates that the service-connected disability is not expected to improve and cannot be eliminated.
3. Disability Conditions Not Expected to Improve: Veterans with service-connected disabilities deemed permanent and not expected to improve are also exempt from the 55-year rule. Such conditions, often involving the loss of a limb or chronic progressive illnesses, fall under this category.

Which VA Ratings Enjoy Protection? Seven types of VA disability ratings are safeguarded against reevaluation:

1. Static Disability: No material improvement for 5 years or more.
2. Permanent Disability: No likelihood of improvement.
3. Disability in Place for 10 Years or More: Note that the VA may still reduce (not eliminate) a rating if medical evidence shows improvement.
4. Continuous Disability for 20 Years or More.
5. Veterans Over 55 Years of Age: Except under unusual circumstances or where required by regulation.
6. 100% VA Rating Deemed “Total” Disability: The rating can only undergo reduction if medical evidence demonstrates material improvement.
7. Disability Rated at Prescribed Schedular Minimum or Rated at 10% or less or combined Evaluation Unchanged: Even if a reevaluation resulted in reduced evaluation for one or more disabilities, the combined evaluation remains unaffected.

At Warrior Allegiance, we understand the importance of supporting veterans through the Disability Claim Process. Our commitment is to facilitate and assist all veterans seeking help in navigating these complexities.
In case you are already a client at Warrior Allegiance we will always bring back your disability rating back to where it was in case it gets decreased at no charge!
https://warriorallegiance.com/