VA Law Library

38 CFR §3.951

Protected Ratings

A rating held for 20 years cannot be reduced except for fraud — and a 100% rating cannot be cut without material improvement.

Read the official text of 38 CFR §3.951

In plain English

Veterans often avoid filing for an increase because they fear the VA will look at the whole file and reduce something. Protection rules exist precisely to limit that risk.

A disability rating that has been continuously in effect for 20 years or more is protected at that level for the rest of your life, and can only be reduced if the original award was based on fraud.

What the rule actually requires

  • A rating in effect for 20 or more continuous years cannot be reduced except on a finding of fraud.
  • Service connection itself is protected after 10 continuous years, again absent fraud.
  • A total (100%) rating cannot be reduced without evidence of material improvement in the condition under actual working conditions.

Why this matters to your claim

Knowing what is already protected changes the risk calculation on filing for an increase. It is one of the first things we check before recommending a course of action.

This is our plain-English summary, written for veterans — it is not the regulation itself and it is not legal advice. The controlling text is the current official version, linked above. The VA makes all final decisions about eligibility and payment.

Official text of 38 CFR §3.951

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