Your VA disability rating determines the type and amount of benefits you receive from the VA for service-related injuries and disabilities. But navigating the disability claims process can be stressful if you don’t understand the nuances and requirements in place. While an Ohio veterans disability attorney will help you file your claim and appeal the decision if needed, there are other safeguards in place designed to protect your disability rating and help you keep the benefits you need: the 5-year rule and the 10-year rule.
What Is the 5-Year Rule
The 5-year rule states that if your disability rating has been continuously at the same level for five or more years, the VA can’t easily reduce your disability rating. The VA will need to collect evidence and documentation showing that your condition is improving in a sustainable way.
What Is the 10-Year Rule?
The 10-year rule functions similarly to the 5-year rule, but it expands on the protections. If your disability rating has stayed the same for 10 or more years continuously, the VA can’t reduce it at all. This is because you’re likely permanently disabled at the same rating and are highly unlikely to improve in any substantial way.
Keep in mind that the VA can reduce your rating, even if it’s stayed the same for 10 or more years if there is clear evidence of fraud associated with your claim. The VA will need to furnish proof of that fraud, and you can always contest their decision with help from an Ohio veterans disability attorney.
How These Rules Protect Your Disability Rating
Ultimately, the rules are in place to protect your disability rating and provide you with some level of predictability. Here’s how these rules aim to protect veterans:
- Gives you better stability: The rules make it harder for the VA to reduce your disability rating, giving you more stability in the benefits you receive so you can focus on enjoying your life.
- Protects you from losing your benefits: The rules dramatically reduce your risk of your benefits being repealed. The VA must show that your condition is improving or that you committed fraud in your disability claim.
The VA can still request a re-examination and review your current rating, but these rules make it harder for them to reduce your benefits.
The Limitations of These Rules
These rules should stay in place. But there are still a few important limitations that you need to be aware of. The VA can schedule periodic evaluations to assess your condition and make sure your condition isn’t improving. They can also reset the clock on both the 5-year and 10-year rules if your disability rating changes at any point.
Again, the VA can’t arbitrarily change your disability rating under these rules. They must show clear evidence that your condition is improving or that you’ve committed fraud on your claim. Any change in their rating of your disability can be appealed. If your appeal is successful, you may be able to get your original disability rating (and the benefits you were originally given) restored.
Speak With an Ohio Veterans Disability Attorney
If you’re concerned about the VA’s treatment of your disability or feel that the VA may have violated one of these rules, you have the right to consult with a veterans disability attorney. They’ll consider all of the information surrounding your case, your condition, and any recommendations from other medical care providers to help you figure out your options moving forward. If they determine that the VA violated your rights, they can help you appeal their revised rating.
Let Veterans Law Attorneys Help
If you’re worried about your VA disability rating, don’t leave things up to chance. Contact the team at Veterans Law Attorneys today to schedule a free consultation. We’ll help you figure out your options and can help you navigate the appeals process if needed.
