Can the VA take away or reduce my disability rating once I have it?

Many veterans worry that a VA disability rating, once granted, could be reduced or stopped entirely. In practice, VA ratings are not designed to disappear arbitrarily, and there are several legal protections that make reductions difficult once certain thresholds are met.

The VA can schedule future reexaminations for many conditions, especially those considered likely to improve. If a reexamination shows improvement, VA can propose a reduction, but it must follow due process under 38 CFR 3.105(e): you receive written notice of the proposed reduction, an explanation of the evidence relied on, and at least 60 days to submit additional evidence or request a hearing before any reduction takes effect. Ratings cannot be reduced retroactively without this process.

Several protections limit when reductions can even be proposed. Under 38 CFR 3.951 and related provisions, a rating in effect for 20 years or more (a "continuous rating") generally cannot be reduced below the lowest level it has been at during that period, except in cases of fraud. A rating in effect for 5 years or more requires evidence of sustained material improvement under ordinary life conditions, not just a single exam showing temporary improvement, per 38 CFR 3.344. Veterans rated 100 percent, particularly those with permanent and total (P&T) status, are generally not subject to routine future exams, and static or unlikely-to-improve conditions (amputations, certain mental health ratings, age-related conditions) are often coded as protected from reexamination altogether. Additionally, once a veteran turns 55, VA policy discourages scheduling reexaminations except in unusual circumstances.

Individual unemployability (TDIU) ratings can be reviewed more often, especially if there is evidence of substantial gainful employment, since TDIU is tied to inability to work rather than a fixed percentage.

In short, a properly rated disability, especially one marked permanent and total, is very unlikely to simply vanish, but it is not entirely immune to review if VA has specific evidence of improvement, and due process protections exist precisely to prevent reductions without notice or opportunity to respond.

If you want certainty about your own rating's protection status, request your rating decision letter and check whether your conditions are coded as "static," "permanent," or subject to future reexamination, and consider requesting a permanent and total review if you believe your condition meets that standard.