VA Disability Permanent vs Temporary Ratings: P&T and Year Rules

The difference between permanent and temporary VA disability ratings comes down to whether the VA expects your condition to change. A permanent rating means medical evidence makes it reasonably certain your impairment will last the rest of your life, so the VA stops scheduling reexaminations. A temporary, or non-permanent, rating means the VA thinks the condition could improve and reserves the right to reevaluate it and, if warranted, reduce your compensation.

Both categories can exist at any percentage, including 100 percent. What separates them is the VA’s expectation about the future, and that expectation drives everything else: whether you’ll be called back for a Compensation and Pension exam, whether extra benefits attach for your family, and how easily your rating can be lowered.

What Makes a Rating Permanent

Under 38 CFR 3.340, a disability is permanent when the impairment is “reasonably certain to continue throughout the life of the disabled person.”¹ The regulation recognizes several ways to reach that conclusion:

The disability is static, with no realistic prospect of improvement.
Findings and symptoms have persisted without material improvement for five years or more.²
The disease or injury is permanent in character with no likelihood of improvement.
The veteran has suffered permanent loss or loss of use of both hands, both feet, one hand and one foot, or sight of both eyes, or is permanently helpless or bedridden.¹
The veteran’s age makes improvement unlikely.

Once the VA classifies a rating as permanent, it stops scheduling routine C&P reexaminations for that condition.² The strongest form of permanent rating is Permanent and Total (P&T), which means the veteran is rated at 100 percent and the condition is not expected to improve. P&T is the status that unlocks the additional family and healthcare benefits described later in this article.

What Makes a Rating Temporary

A temporary rating is any service-connected evaluation the VA believes could change. Veterans holding temporary ratings can be called back for periodic reexamination, and if the examiner finds improvement, the VA may propose a reduction in the rating percentage and in the monthly check that comes with it.

The VA also uses “temporary” in a narrower sense to describe short-duration ratings that give higher compensation during acute recovery. These are distinct from the general “non-permanent” category and always have a set expiration:

Prestabilization ratings, available to recently discharged veterans with severe, unstable service-connected disabilities of unknown duration. They pay at 50 or 100 percent and last one year after discharge.³
A temporary 100 percent rating for convalescence after surgery or immobilization tied to a service-connected disability. It typically runs one to three months and can be extended up to three more months in severe cases.⁴
A temporary 100 percent rating for hospitalization, applied when a veteran spends more than 21 days in a VA or VA-approved hospital for a service-connected condition. The rating reverts to the previous percentage after discharge.⁵

How To Tell Which One You Have

The VA does not always print “permanent” in bold on your paperwork. A few reliable indicators:

The award letter states the disability is “permanent in nature” or calls the decision permanent.
The letter says no future examinations are scheduled. If future exams are on the calendar, the rating is not permanent.
The VA has approved you for benefits that require P&T status, such as Chapter 35 Dependents’ Educational Assistance or CHAMPVA.
The disability is described as “static.”
Your rating shown on your VA.gov account is listed as permanent.⁶

Protections That Build Over Time

Whether or not your rating is labeled permanent, federal regulations add protection the longer a rating stays in place.

Five-Year Rule

A rating held at the same level for five years is considered “stabilized” under 38 CFR 3.344. It cannot be reduced unless the entire evidence of record clearly demonstrates sustained improvement. A single examination is not enough, and improvement caused by temporary factors like bed rest or hospitalization does not count.⁷ For conditions prone to flare-ups, such as epilepsy, asthma, or mental health disorders, the rule is stricter still: the record must clearly show that sustained improvement has occurred and will hold under ordinary conditions of daily life. If doubt remains, the VA must continue the rating and schedule a future reexamination instead of reducing.

Ten-Year Rule

Under 38 CFR 3.957, once a disability has been service-connected for ten years, the VA cannot sever the service connection. The rating percentage can still be reduced on evidence of improvement, but the underlying tie to military service is locked in. The only exception is fraud in the original claim.⁸

Twenty-Year Rule

Under 38 CFR 3.951(b), a rating that has stayed at or above a given percentage for 20 continuous years cannot be reduced below that level. This applies to both individual and combined ratings, and unlike the ten-year rule it blocks reductions even when there is evidence of medical improvement. Fraud in the original decision is again the only exception.⁸

Age 55

Veterans aged 55 or older generally are not called back for routine reexamination. The VA’s M21-1 adjudication manual states that veterans over 55 “must not be routinely recalled for reexamination” except in rare or unusual circumstances.⁹ The relevant age is what you’ll be when the exam would happen, not when the rating was granted. If a reexamination is scheduled and you will be 55 or older on the exam date, it should be canceled absent unusual circumstances.

What P&T Status Adds

Permanent and Total status carries a set of benefits beyond monthly compensation, and this is often the practical reason veterans care whether their rating is permanent:

Chapter 35 Dependents’ Educational Assistance, providing monthly stipends for a spouse and children pursuing college, vocational training, or apprenticeships.¹⁰
CHAMPVA health insurance for a spouse and dependent children.
Placement in Priority Group 1 for VA healthcare, which exempts the veteran from copayments for care and prescriptions.¹¹
Class IV VA dental benefits.
A full VA home loan funding fee waiver.
A Uniformed Services ID card giving base commissary, exchange, and recreation access for the veteran and dependents.
State property tax exemptions on the primary residence, in full or in part depending on the state.
A 10-point federal hiring preference and direct hire authority.

P&T also affects survivor benefits. If a P&T-rated veteran dies from any cause after holding the rating for ten years, survivors are eligible for Dependency and Indemnity Compensation regardless of whether the death was service-related. Without P&T, or without the ten-year mark, the death itself has to be connected to a service-connected condition.¹²

One point worth noting for veterans receiving Total Disability Individual Unemployability: TDIU can be designated permanent, but it is not automatically permanent. The VA may send employment questionnaires (VA Form 21-4140) periodically, and failing to respond can lead to a reduction. TDIU is generally treated as permanent when the underlying disabilities are static.¹³

Can a Permanent Rating Ever Be Reduced?

A permanent rating is strongly protected but not absolutely irrevocable. The VA can reopen and reduce it in a narrow set of situations:

Fraud in the original claim. This overrides every time-based protection.
Clear and unmistakable error. If VA quality review finds a factual or legal error in the original decision that would have changed the outcome, 38 CFR 3.105(a) allows revision.
A new claim that opens the door to a fresh look. Filing for something like Special Monthly Compensation or specially adapted housing can trigger a C&P exam, and if that exam produces evidence of improvement, the VA may reexamine the underlying rating.¹⁴

Even then, an actual reduction requires the VA to show sustained, long-term improvement supported by ample medical evidence. A single exam or a single record suggesting things are better is generally not enough.

Due Process Before Any Reduction

Whether your rating is permanent or temporary, the VA has to follow a set procedure before cutting it. Under 38 CFR 3.105(e), the VA must first send a written proposal laying out “all material facts and reasons” for the contemplated reduction.¹⁵ The proposal is not a final decision and cannot be appealed directly. You have two ways to respond:

Request a predetermination hearing within 30 days of the notice. If you request it in time, your benefits continue at the current level until a final determination, and the hearing must be conducted by VA personnel who were not involved in proposing the reduction.¹⁵
Submit additional evidence within 60 days, hearing or no hearing. Medical records, lay statements, and other documentation showing the condition has not improved all belong here.

If the VA still finalizes the reduction, it takes effect on the last day of the month after the 60-day notice period expires. From there, you can pursue a Higher-Level Review, a Supplemental Claim with new evidence, or a direct appeal to the Board of Veterans’ Appeals. A reduction imposed without following these procedural steps is void from the start.¹⁶

1
eCFR. 38 CFR 3.340 — Total and Permanent Total Ratings and Unemployability
2
eCFR. 38 CFR 3.327 — Reexaminations
3
U.S. Department of Veterans Affairs. Temporary Rating for Prestabilization
4
U.S. Department of Veterans Affairs. Temporary Increase After Surgery or Cast
5
U.S. Department of Veterans Affairs. Temporary Increase for Time in Hospital
6
Woods Lawyers. How To Know if My VA Rating Is Permanent
7
eCFR. 38 CFR 3.344 — Stabilization of Disability Evaluations
8
CCK Law. VA Disability 20-Year Rule
9
VA KnowVA. M21-1 Part IV Subpart ii Chapter 1 Section A — Determining the Need for Review Examinations
10
U.S. Department of Veterans Affairs. Derivative Benefits for Service-Connected Veterans
11
Veteran Appeal. Permanent Total Disability Benefits
12
Stateside Legal. Difference Between 100% Schedular and 100% TDIU
13
CCK Law. Individual Unemployability (TDIU)
14
CCK Law. Can VA Take Away 100 Percent P&T Disability
15
eCFR. 38 CFR 3.105 — Revision of Decisions
16
Board of Veterans’ Appeals. BVA Decision Citation Nr 23004007