Claim Raven explanation
What this means
This statute protects certain disability ratings continuously in force for twenty years or more. A protected compensation evaluation generally cannot be reduced below that level except upon a showing of fraud.
The protection follows the level maintained over the required period. A recent increase can therefore have a different protection history from an older underlying rating. The implementing regulation explains the relevant date calculation.
How this helps your claim
Review the full rating history instead of using only the newest award letter. Identify the continuously maintained level and compare it with any proposed reduction.
What to check in your records
Use your decision, examination reports, and relevant records to check the following points.
- Gather the rating decisions and effective dates covering the relevant twenty years.
- Identify the evaluation maintained continuously during that period.
- Check the proposed reduction against the protected level and any asserted fraud exception.
Trace each evaluation level through the award history
A condition can have an old underlying evaluation and a more recent increase. The protection attaches to the level continuously maintained for the required period. List each percentage and effective date rather than treating the date of the first claim as protection for every later increase.
The implementing regulation explains the calculation and related treatment of schedule changes. Keep protection of a percentage distinct from protection of service connection. They concern different findings and use different provisions, even when both become relevant to the same long-standing award.
Does twenty years at any rating protect today's higher level?
Not automatically. A newer increase may not have been continuously in force for the same period. An older protected floor can remain relevant while the higher level has a different history. Use the actual effective dates and evaluation sequence to understand which level the statute protects.
Official statutory text
38 USC § 110
OLRC release through Public Law 119-102 (July 12, 2026). Layout and spacing are adapted for reading. The statutory text is shown here; publisher source credits and editorial notes remain in the linked official release.
§ 110. Preservation of disability ratings
A rating of total disability or permanent total disability which has been made for compensation, pension, or insurance purposes under laws administered by the Secretary, and which has been continuously in force for twenty or more years, shall not be reduced thereafter, except upon a showing that such rating was based on fraud. A disability which has been continuously rated at or above evaluation for twenty or more years for compensation purposes under laws administered by the Secretary shall not thereafter be rated at less than such evaluation, except upon a showing that such rating was based on fraud. The mentioned period shall be computed from the date determined by the Secretary as the date on which the status commenced for rating purposes.
Related references
- 38 USC § 5107: Benefit of the doubt in VA claims
- 38 CFR § 3.159: VA duty to assist: records and examinations
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