VA Disability 55-Year-Old Rule

Introduction

• Presenter: Christian McTarnaghan, Attorney at CCK
• Topic: Explanation of the VA disability 55-year-old rule

Background

• VA Re-Examinations:
  • Conducted periodically (every 2-5 years) to assess changes in a veteran’s condition.
  • Can result in increased or decreased disability ratings.

VA Protected Ratings

• Protected ratings are those that cannot be reduced or revoked.
• Types of protected ratings include:
  • 10-Year Rule
  • 20-Year Rule

55-Year-Old Rule

• Protection:
  • Veterans over 55 are generally protected from rating reductions.
  • Applies to veterans who will be 55 by the time of a scheduled future examination.
  • Determinations are made on a case-by-case basis.

Exceptions to the 55-Year-Old Rule

• Unusual Circumstances:
  • VA can request reevaluation "under unusual circumstances."
  • "Unusual circumstances" are not clearly defined in regulations.
• Example:
  • Cancer treatment: Reevaluation required six months post-treatment to adjust ratings from active cancer to residual symptoms.

Conclusion

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