United States · VA compensation · 38 CFR 3.344
VA rating reductions: the 5-year stabilization rule.
How 3.344 limits reductions based on one examination for ratings that have lasted five years or more.
Under 38 CFR 3.344, ratings that have continued for long periods at the same level (5 years or more) cannot be reduced on an examination less full and complete than the one that supported the rating, and rating agencies are told to produce the greatest degree of stability. Diseases subject to temporary or episodic improvement are not reduced on any one examination unless all the evidence clearly shows sustained improvement. Paragraph (c) says these rules do not apply to disabilities not stabilized and likely to improve.
Years at the same level
Result
The short version
VA can lower a disability rating when a condition improves. Section 3.344 sets guardrails for doing so, particularly when the rating has been in place for a long time. The central ideas are stability and completeness: before a long-standing rating is cut, the examination has to be as thorough as the one that justified it, the improvement has to be real and likely to last, and in doubtful cases the rating continues pending a later re-examination. This page paraphrases the text in the eCFR, current as of October 29, 2026. It does not say whether any given reduction is proper.
Where the five years come from
The number appears in paragraph (c). Paragraph (c) says the rules in paragraphs (a) and (b) "apply to ratings which have continued for long periods at the same level (5 years or more)." It continues that they "do not apply to disabilities which have not become stabilized and are likely to improve," and that reexaminations disclosing improvement, physical or mental, in those disabilities "will warrant reduction in rating." So the protection is aimed at ratings that have settled, and it is not meant to freeze a rating for a condition that is expected to get better.
The checker on this page compares a time period you enter against the 5-year mark in paragraph (c). It counts years at the same level; it does not decide whether a disability is "stabilized," which the regulation leaves to the rating agency.
Paragraph (a): examinations and improvement
Paragraph (a) tells rating agencies to handle cases of changed medical findings or diagnosis "so as to produce the greatest degree of stability of disability evaluations" consistent with the governing laws and regulations. In practice it sets several rules:
- Review the whole record. The entire record of examinations and the medical-industrial history must be reviewed to determine whether the recent examination is full and complete, including special examinations indicated by a general examination and the entire case history.
- No reduction on a weaker exam. "Examinations less full and complete than those on which payments were authorized or continued will not be used as a basis of reduction."
- Episodic conditions. Ratings for diseases subject to temporary or episodic improvement, with examples that include manic depressive or other psychotic reaction, epilepsy, psychoneurotic reaction, arteriosclerotic heart disease, bronchial asthma, gastric or duodenal ulcer and many skin diseases, "will not be reduced on any one examination, except in those instances where all the evidence of record clearly warrants the conclusion that sustained improvement has been demonstrated."
- Bed rest. Ratings for diseases that become comparatively symptom free after prolonged rest, such as residuals of phlebitis or arteriosclerotic heart disease, will not be reduced on examinations reflecting bed rest.
- Improvement must be lasting. Even if material improvement is clearly reflected, the rating agency will consider whether the evidence makes it reasonably certain that the improvement will be maintained under the ordinary conditions of life.
- Changes of diagnosis. Rating boards encountering a change of diagnosis are to use caution in deciding whether it is a progression of the earlier diagnosis, an error in the prior diagnosis, or possibly a disease entity independent of the service-connected disability.
Paragraph (b): doubtful cases
If doubt remains after considering the matters in paragraph (a), the rating agency "will continue the rating in effect," citing the former diagnosis with the new one in parentheses, and adding a reference that the rating is continued pending reexamination a stated number of months from that date. The agency decides on the facts of each case whether 18, 24 or 30 months will be allowed to elapse before the reexamination.
A worked example of the comparison
Suppose a rating has been 50 percent since March 2018, and a reduction is considered in October 2026. That is 8 years and 7 months at the same level, well over the 5-year mark in paragraph (c), so the protections in (a) and (b) are the relevant provisions. Suppose the condition is one the regulation names as subject to episodic improvement, and a single recent examination shows a good day. Under paragraph (a) such a rating is not reduced on any one examination unless all the evidence of record clearly warrants the conclusion that sustained improvement is demonstrated. Compare a rating assigned only 14 months ago for a condition still evolving: the 5-year language in (c) is not met, and (c) says reexaminations disclosing improvement in disabilities not stabilized and likely to improve warrant reduction. The facts and numbers here are invented to illustrate the method, not a prediction.
What this page does not cover
Section 3.344 deals with the standards for reducing evaluations. This page did not read the separate procedural rules on notice and the process for proposing a reduction,. It does not tell you whether a reduction was proper, whether to appeal, or what deadlines apply.
Frequently asked questions
What does the 5 years mean in 38 CFR 3.344?
Paragraph (c) says paragraphs (a) and (b) apply to ratings which have continued for long periods at the same level (5 years or more) and do not apply to disabilities that have not become stabilized and are likely to improve.
Can VA reduce a long-standing rating on one examination?
Not on one that is less full and complete than the examination that supported the rating, and diseases subject to temporary or episodic improvement are not reduced on any one examination unless all the evidence clearly warrants a conclusion of sustained improvement.
Which conditions does the regulation name as episodic?
Examples include manic depressive or other psychotic reaction, epilepsy, psychoneurotic reaction, arteriosclerotic heart disease, bronchial asthma, gastric or duodenal ulcer and many skin diseases.
What happens in a doubtful case?
The rating agency continues the rating in effect and orders reexamination after 18, 24 or 30 months, deciding the interval from the facts of the case (paragraph (b)).
Does 3.344 apply to conditions expected to improve?
Paragraph (c) says it does not apply to disabilities which have not become stabilized and are likely to improve; reexaminations disclosing improvement in those warrant reduction.
Does this page tell me whether my rating can be reduced?
No. It explains the published rule text. VA decides each rating, and this page is not legal or claim advice.
Sources
Read directly from the primary sources below on November 2, 2026 (eCFR text current through October 29, 2026). Descriptions are TNAADO's plain-language reading; quoted phrases are the regulation text. The regulations are amended from time to time, so check the linked section for the latest text.
Reference, not a VA determination, medical advice or claim advice
Rules summarized from 38 CFR 3.344 as of October 29, 2026 (eCFR). This page explains published rule text so you can read it; it does not tell you whether you qualify, what your rating should be, or how to file. VA decides the diagnosis, the rating and eligibility. It is not legal, financial or medical advice; an accredited representative (VSO, attorney or claims agent) can review your case.