Transcript for:
VA's 55-Year-Old Rule Explained

if you're a veteran approaching 55 or already over 55 you've probably heard about something called the 55year-old rule and how it supposedly protects your VA disability rating but here's the thing most people completely misunderstand what this rule actually does today I'm going to break down exactly what the 55-year-old rule is what it isn't and what it really means for your VA benefits hey everyone welcome back to the channel if this is your first time here I create content to help veterans navigate the VA system and maximize their benefits make sure to hit that subscribe button and ring the notification bell so you don't miss any updates that could impact your benefits let's start with what the VA actually says about the 55year-old rule according to the VA's own manual specifically the M21-1 part 4 the rule states that if a veteran will be 55 years old or older by the time a re-examination is scheduled the VA should not schedule that routine re-examination unless there are specific regulations requiring it or unusual circumstances now normally the VA schedules periodic compensation and pension exams we call them CNP exams every 2 to 5 years to check if your condition has changed these exams can potentially lead to your rating being increased decreased or staying the same so the 55year-old rule essentially says "Hey VA stop automatically scheduling these routine checkups for veterans who are 55 or older." Here's where the confusion comes in and it's a big one many veterans and even some advocates think this means your rating is now protected and can never be changed once you turn 55 some people even think you can't file new claims after 55 this is completely wrong the 55-year-old rule only stops routine automatic re-examinations it does not protect your rating from being changed and it definitely doesn't stop you from filing new claims the VA can still re-evaluate and change your rating after 55 and several situations first if you file a new claim maybe for a secondary condition or for special monthly compensation the VA might examine all your conditions not just the new one second if you have surgery related to a service connected disability that could trigger a review third certain conditions like infectious diseases that change over time can still be monitored fourth and this is the scary part the VA can still order an exam for unusual circumstances the problem the VA hasn't clearly defined what these unusual circumstances are they basically said it's up to their discretion on a case-byase basis if you want actual protection for your rating here are the rules that really matter the 5-year rule if your rating has stayed the same for 5 years or more it's considered stabilized and the VA needs strong evidence of sustained improvement to reduce it the 10-year rule after 10 years at the same rating level the VA can reduce your rating with substantial medical evidence but they can eliminate it entirely unless there's fraud the 20-year rule after 20 years your rating is considered continuous and the VA can't reduce it below the original level unless fraud is involved 100% ratings if you have a 100% rating the VA needs to show significant improvement in your day-to-day functioning to reduce it so what's the bottom line the 55year-old rule might make your rating more stable because you're less likely to face routine exams but it's not the bulletproof protection many people think it is if you're under 55 don't worry you can still build toward those stronger protections I mentioned if you're over 55 understand that while you're less likely to face routine exams you're not completely immune to rating changes here's what I recommend first if you're approaching 55 and have conditions you haven't claimed yet consider filing those claims sooner rather than later second document everything keep detailed medical records and maintain treatment for your service connected conditions third if the VA does propose to reduce your rating at any age you have rights they must send you a letter proposing the reduction and you have time to respond with evidence or request a hearing fourth consider working with a VA accredited attorney or representative especially if you're facing a rating reduction the 55-year-old rule is real but it's not the golden ticket to rating protection that many people think it is understanding the difference between this rule and actual rating protections can help you make better decisions about your VA benefits remember knowledge is power when it comes to dealing with the VA the more you understand these rules and regulations the better you can protect and maximize your benefits if this video helped clarify the 55year-old rule for you please give it a thumbs up and share it with other veterans who might be confused about this topic drop a comment below if you have questions or if there are other VA topics you'd like me to cover don't forget to subscribe and hit that notification bell for more veteran benefit content i'll see you in the next video and remember you've earned every benefit you're entitled