VA Disability 55-Year-Old Rule

Introduction

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

Background on VA Re-examinations

• VA periodically re-examines veterans with disability ratings
  • Purpose: To determine if conditions have improved, remained the same, or worsened
  • Frequency: Every 2 to 5 years
  • Outcomes: Possible rating increase or reduction

Protected Ratings

• Protected Ratings: Ratings that cannot be reduced or revoked in the future
• Other rules:
  • 10-year rule
  • 20-year rule for continuous ratings
  • More details available on CCK's blog and videos

The 55+ Rule

• Veterans over the age of 55 are typically protected from rating reductions
• Case-by-case determination
• Applies to veterans who will be 55 by the time of a future examination
  • Example: A 50-year-old veteran scheduled for a re-examination in 5 years

Exception to the 55-Year-Old Rule

• VA can request reevaluation "under unusual circumstances"
  • This term is not clearly defined in VA regulations
• Example:
  • Cancer treatment: After treatment completion, a veteran gets re-examined 6 months later
  • Rating based on active cancer and later on residuals

Conclusion

• More information on protected ratings can be found on CCK's blog
• Encouragement to check out other CCK videos and subscribe to their YouTube channel

• Note: For further details, check CCK's online resources and videos.