Claim Raven explanation
What this means
A disability continuously rated at or above a level for 20 years generally cannot be reduced below that protected level except for fraud. This section also protects against reductions based only on a rating-schedule change without actual improvement.
The protected level may be lower than the current rating if the current increase is more recent. Count from the effective dates specified in the rule, not simply the date a decision letter was mailed.
How this helps your claim
Build a history of each rating level to identify what is protected. For a schedule change, compare VA's reasoning with the medical evidence of actual improvement.
What to check in your records
Use your decision, examination reports, and relevant records to check the following points.
- Collect rating code sheets and effective dates covering the full rating history.
- Identify the lowest continuously maintained level during the relevant 20 years.
- Check whether a reduction relies only on revised criteria or includes evidence of actual improvement.
Check the level protected over the full period
A rating history can contain several increases and decreases. The percentage held continuously for the required period may be lower than today's percentage. List each level with its effective date to identify what, if anything, has reached the protection described here.
A separate part of the section concerns a rating-schedule change without actual improvement. Keep that issue distinct from the long-duration protection. A new set of criteria and a new medical finding are different facts, and the decision should be read for the reason it proposes a change.
Does a recent increase become protected with my older rating?
Not automatically at the higher level. The continuous history at or above each level matters. An older protected floor can coexist with a newer increase that has not existed for the same period. Use effective dates and the full evaluation history rather than the age of the original claim alone.
Official regulatory text
38 CFR § 3.951
eCFR snapshot: September 3, 2026. Layout and spacing are adapted for reading. The full section and its tables are included below.
§ 3.951 Preservation of disability ratings.
(a) A readjustment to the Schedule for Rating Disabilities shall not be grounds for reduction of a disability rating in effect on the date of the readjustment unless medical evidence establishes that the disability to be evaluated has actually improved.
(Authority: 38 U.S.C. 1155)
(b) A disability which has been continuously rated at or above any evaluation of disability for 20 or more years for compensation purposes under laws administered by the Department of Veterans Affairs will not be reduced to less than such evaluation except upon a showing that such rating was based on fraud. Likewise, a rating of permanent total disability for pension purposes which has been in force for 20 or more years will not be reduced except upon a showing that the rating was based on fraud. The 20-year period will be computed from the effective date of the evaluation to the effective date of reduction of evaluation.
(Authority: 38 U.S.C. 110)
[34 FR 11970, July 16, 1969, as amended at 57 FR 10426, Mar. 26, 1992]
Related references
- 38 USC § 1155: The law behind VA disability rating percentages
- 38 USC § 110: The Federal 20-Year Rating Protection
- 38 CFR § 4.1: What a VA disability rating measures
- 38 CFR § 3.159: VA duty to assist: records and examinations
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