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A group of Transgender Veterans has initiated legal action against U.S. VA, citing the fulfillment of promises made in 2021 to cover gender-affirming surgeries. The Transgender American Veterans Association, or TAVA, filed the lawsuit, expressing concerns over the prolonged delays in implementing the announced policy, which supports Transgender Veterans in accessing essential medical procedures.
The lawsuit, filed on Thursday, seeks to compel VA to include gender-affirming surgeries in its coverage, emphasizing the critical role these procedures play in reducing the risk of suicides, depression, and psychological distress among transgender individuals living with gender dysphoria. TAVA President Rebekka Eshler expressed urgency of the matter, referencing instances of Veterans reaching out in crisis and struggling to cope with the lack of access to necessary care.
The VA initially announced its commitment to covering gender-transition surgeries in June 2021, following the lifting of the ban on transgender Americans serving openly in the military. VA Secretary Denis McDonough outlined a two-year timeline for the formal rulemaking process to update medical coverages, but the VA has not provided a finalized timeline or explanation for the delay.
In November, TAVA issued a warning about potential legal action if the VA failed to act promptly. Despite a response from VA in December, the association remains dissatisfied, prompting the recent lawsuit. The VA currently covers certain transgender care services, including hormone therapy, mental health care, pre- and post-operative care, voice coaching, and medically necessary prosthetics.
Natalie Kastner, a Transgender Veteran, described frustration with the delayed policy change, recounting a personal struggle that led to a suicide attempt. Kastner’s experience exemplifies the pressing need for timely access to gender-affirming surgeries, which major medical associations recognize as essential for treating gender dysphoria.
The lawsuit compels the VA to respond to TAVA’s 2016 petition within 30 days, citing the potential harm caused by the VA’s failure to provide gender-confirmation surgery coverage. Transgender Veterans argue that the exclusion of these surgeries from health benefits puts them at an increased risk of physical harm, psychological distress, and suicide.
While declining to comment on ongoing litigation, the VA reiterated its commitment to providing world-class care and benefits to Transgender Veterans. As the legal battle unfolds, many Transgender Veterans express concerns that delays in policy changes could have serious consequences, with some fearing the impact of the upcoming presidential election on finalizing the needed adjustments.
The lawsuit not only addresses the immediate need for coverage of gender-affirming surgeries but also seeks to standardize care for Transgender Veterans, addressing variations that currently exist from state to state and clinic to clinic. The outcome of this legal action could have far-reaching implications for the treatment and well-being of Transgender Veterans within the VA healthcare system.
Author: Rikki Almanza
Rikki is a Web Content Coordinator for the American Legion, Department of California. With a deep-rooted connection to the military, a spouse who is a Navy veteran, a father who served in the Air Force for 25 years, and a grandfather who proudly served, Rikki is committed to using her skills and knowledge to provide valuable assistance and resources to servicemembers and veterans.