VA Halts Controversial Disability Rule Amid Veteran Outcry
The Department of Veterans Affairs (VA) implemented new interim rule changes on Tuesday concerning the evaluation of veterans' disability ratings, which included considering the impact of medication and a veteran's earning capacity. Following strong criticism from veterans' organizations regarding the potential for reduced benefits, the VA announced on Thursday that it would cease enforcing the specific rule related to medication's impact, effective immediately.
Initial Rule Changes Spark Controversy
On Tuesday, the Department of Veterans Affairs introduced interim rule changes affecting the evaluation of disability ratings for veterans' benefits. These changes primarily introduced two alterations to the criteria.
The first allowed the VA to consider the impact of medication when assigning a disability rating, potentially leading to a lower or no rating if symptoms were reduced.
Historically, VA disability compensation focused on the underlying injury, a principle supported by cases such as Ingram v. Collins (2025), which ruled against considering medication unless explicitly stated in rating rules.
The new VA rule aimed to "minimize the negative impact" of this precedent. The second alteration involved potentially factoring a veteran's earning capacity into their disability rating, which could lead to a denial of disability or pension payments if a veteran was employed.
Prior to these rules, the VA rated conditions based on their long-term severity and functional impact, independent of temporary symptom reduction by medication or employment status. VA Press Secretary Pete Kasperowicz stated that the new regulation "simply formalizes VA’s longstanding practice of determining disability ratings based on Veterans’ service-related disabilities and any medications they are taking to treat those disabilities," suggesting no significant policy change.
Veterans' Organizations Voice Alarm
The implementation of the rule, which occurred without prior public notice, drew swift criticism from major veterans' organizations. These groups expressed concern that the changes could potentially reduce disability compensation for millions of disabled veterans.
The Veterans of Foreign Wars (VFW) noted that courts had previously prevented the VA from reducing ratings based on medication effects, mandating evaluations based on true functional impairment. VFW National Commander Carol Whitmore emphasized that while the VA has the authority to amend the rating schedule, it should do so without negatively affecting veterans.
Coleman Lee, National Commander of Disabled American Veterans (DAV), voiced disappointment and alarm, stating that the rule "could potentially reduce disability compensation for millions of disabled veterans."
VA Reverses Course Amid Backlash
On Thursday, VA Secretary Doug Collins announced via social media that the department was immediately halting enforcement of the interim final rule, specifically named "Evaluative Rating: Impact of Medication."
Secretary Collins explained that the VA had issued the rule to clarify existing policy and protect veterans' benefits in response to an ongoing court action, but acknowledged that "many interpreted the rule as something that could result in adverse consequences."
Collins affirmed that the VA, while disagreeing with how the rule had been characterized, prioritized veterans' concerns. He stated that the VA would not enforce the rule in the future but would continue to collect public comments on it. The DAV released a statement applauding the VA's decision, with Commander Nee commenting that the organization appreciated the Secretary listening and acting on veterans' concerns. Secretary Collins also cited a reduction in the backlog of veterans awaiting benefits by over 60%, reaffirming his commitment to ensuring efficient benefit processing.
Public Engagement and Wider Implications
A public comment period for the rule began on Tuesday and is scheduled to conclude on April 20. By midday Thursday, over 10,000 comments had been submitted.
The rule changes were viewed by some observers as aligning with recommendations from Project 2025, which included proposals to impact veteran healthcare and benefits. Some analysts suggested that these changes were also seen as an administrative method to adjust veteran benefits without requiring congressional authorization. Disability claims constitute over 50 percent of the VA’s overall budget.