How Long Do Veterans Disability Benefits Last?

Most veterans of the United States Armed Forces who have a medical condition that began or became worse as a result of their time in service are eligible for disability benefits from the VA. Generally, you can receive VA disability compensation for as long as you remain disabled—the benefits don't expire. However, in certain circumstances, the VA can reduce the amount of monthly payments you receive, and you might lose your benefits entirely if the disabling condition has significantly improved.

Is VA Disability for Life?

Veterans disability benefits usually last many years, often for life. Once the VA has determined that you're eligible for disability, your benefits will last as long as your disability continues. If you don't get better, you'll keep receiving VA benefits.

In order to get disability in the first place, you'll need to submit documentation of a medically diagnosed condition, such as an illness or injury, that affects your body or your mind. You'll also need to establish that the condition is service-connected, meaning that it was directly caused or aggravated by your time on active duty (including training). The VA will review your application and your medical records to decide whether you qualify for disability. If so, the VA then rates your disability in 10% increments ranging from 10% to 100% disabled. Your percentage rating plays a large role in determining the amount of disability compensation you'll receive.

Depending on the nature of your medical condition, your disability might not change over time. But in other cases, your disability might be reevaluated or reexamined. Reevaluations can result in an increase, decrease, or no change in your disability rating. If your disability rating changes, it will likely affect the amount of your monthly benefits.

When Can VA Disability Benefits Change?

The VA might require you to have a medical reexamination six months after leaving service and then again between two and five years later. The exam is used to verify the continued existence or the current severity of your disability. The VA will require a reexamination when:

• it's likely that your disability has improved
• evidence indicates there's been a significant change in your condition, or
• there is reason to believe your current disability rating is incorrect.

You can also ask for a reevaluation yourself if you're getting benefits and you develop a new medical impairment connected to your service (or if your current condition worsens). You can do this by filing VA Form 21-4138, Statement in Support of Claim.

Does the VA Require Exams for Permanent or Long-Term Disabilities?

The VA doesn't always require reexaminations for VA benefits. For example, the VA won't reevaluate you if :

• the VA has determined your disability is "static" (permanent, like the loss of a limb) vs. "non-static"
• your condition hasn't improved in five years and isn't likely to improve (the "five-year rule")
• you're over the age of 55, or
• a reexamination wouldn't change your current disability rating.

Suppose you've had the same disability rating for five or more years. In that case, the VA generally won't lower your rating unless your medical records show a "sustained improvement" in your condition.

Are Ratings for Long-Term Disabilities Protected?

"Permanently and totally disabled" veterans who've been receiving VA benefits for 20 consecutive years fall into a protected category and cannot have their disability rating reduced. Along similar lines, veterans who've been collecting benefits for at least 20 years won't see a reduction in the amount of their disability compensation, even if their disability rating is reduced.

For example, say that you have less than total and not permanent disability that was rated at 40% for longer than 20 years. You undergo a reevaluation after which the VA determines that you're only 30% disabled, not 40%. Because you've been getting monthly compensation at the 40% rate for over 20 years, however, you'll continue to receive benefits at the 40% rate, rather than dropping to the 30% rate.

Can the VA Reduce a Total Disability Rating?

A 100% disabled rating is also known as "total disability" under VA rules. The VA can assign you a 100% rating if your medical condition is severe enough to warrant it according to the Schedule for Rating Disabilities or if you're "individually unemployable."

Totally disabled veterans can only have their ratings reduced if they have a medical exam that shows a "material improvement" in their medical condition or, for veterans who received a 100% rating due to unemployability, if the VA finds that they're able to work. So if you have a 100% disability rating because the VA found that you can't work but you're later able to hold onto a job for at least 12 months (or there's "clear and convincing evidence" that you're employable), the VA could lower your rating. Keep in mind that if your work is part of vocational rehabilitation, education, or training, then your rating might not be lowered.

Can You Lose VA Disability Benefits?

Yes, you can lose VA disability benefits in some circumstances—most commonly, if you're no longer disabled. Certain illegal activities can also disqualify you from receiving benefits, such as making a false statement in order to get disability compensation or accepting payments you're not entitled to with the intent to defraud the government.

Veterans who are imprisoned for longer than 60 days following a criminal conviction can lose their benefits or have their benefits reduced until release from the correctional facility. And veterans fleeing prosecution or incarceration ("fugitive felons") won't receive disability benefits during the time they're on the run.

Can I Choose to Stop Receiving Veterans Disability Benefits?

Yes, you may voluntarily renounce your right to VA disability benefits—and there are circumstances when that makes sense. For instance, you might choose to give up your VA disability claim if your retirement benefits from the Department of Defense would pay more. In order to opt out of VA disability compensation, you'll need to sign a written waiver.

What to Do If Your VA Benefits Are Reduced or Denied

If the VA has denied or reduced the amount of your disability benefits, you can file an appeal. But VA rules are complex, and winning an appeal can be difficult. Because of that, you might benefit from consulting a veterans disability lawyer. Your attorney can help you get the medical records you'll need to establish the proper disability rating for your condition, keep on top of the appeal deadlines, and represent you in front of the Board of Veterans Appeals (if necessary).