How Does the 10 Year Rule Work? VA disability Compensation Benefits Veterans claims

VA Benefits 10-Year Rule: What is the VA 100% 10-year rule?
The VA has a rule in place to avoid Veterans losing vital benefits when they need them most

The VA's 10-year rule is a critical regulation that protects veterans receiving disability benefits.

According to this rule, once the U.S. Department of Veterans Affairs (VA) has granted a service connection for a disability and it has been in place for at least ten years, the VA cannot terminate this connection unless there is evidence of fraud.

This ten-year period starts from the effective date of the original service connection grant.

The primary goal of this rule is to safeguard veterans from the sudden and unfair termination of their disability benefits.

The 10-Year Rule: A reassurance for veterans
Living with a persistent disability is challenging, and many veterans rely on their disability payments for financial stability.

The 10-year rule provides essential peace of mind, ensuring that the VA cannot revoke the service connection for a condition after it has been established for a decade.

This rule protects the connection itself, meaning that even if new evidence emerges, the service connection remains intact unless there was fraud at the time of the original grant.

It is crucial to distinguish between severance and reduction.

While the service connection becomes protected after ten years, the rating assigned to the disability does not receive the same protection until it has been in place for twenty years.

This means that although the VA cannot sever the service connection after ten years, it can still reduce the rating if there is a substantial improvement in the veteran's condition.

For the VA to reduce a disability rating, it must first propose the reduction based on a comprehensive review of the veteran's entire medical history.

Any evidence used to justify the reduction must come from thorough examinations.

According to VA regulations (38 CFR 3.105(e)), a rating can only be reduced if there is a clear and material improvement in the veteran's ability to function in daily life.

Before implementing a rating reduction, the VA must notify the veteran and provide an opportunity to contest the decision.

The veteran has 30 days to request a hearing and 60 days to submit new evidence against the proposed reduction.

The VA awards monthly compensation to veterans who suffer from persistent medical conditions and debilitating injuries related to their service.

These benefits are determined by a rating percentage, which the VA assigns after evaluating the severity and impact of the veteran's condition.

While some conditions may improve over time, the VA initially monitors any changes through periodic reexaminations.

Once it becomes clear that a condition is stable or permanent, these routine check-ups are discontinued.