UPDATE: The VA has formally rescinded a controversial policy after initially announcing that the department would only refrain from enforcing it. A spokesperson has since stated that the VA has no plans to reintroduce the policy at a later date.
The VA has halted enforcement of its new disability ratings rule almost immediately after it took effect, following intense backlash from Veterans, advocacy groups, and lawmakers.
The interim final rule, published Feb. 17, required medical examiners to factor in the effects of medication when assessing a Veteran’s disability rating. Under the policy, examiners were instructed to evaluate a Veteran’s “actual level of functional impairment” and include the impact of medication or treatment. If medication reduced symptoms, the lower level of disability would be used to determine compensation.
Critics argued the change could reduce ratings for Veterans whose conditions are controlled by medication but not cured—or encourage Veterans to refrain from using medications to keep their existing disability ratings.
Before announcing the halt, VA Secretary Doug Collins defended the regulation, calling criticism “fake news” and stating it formalized a practice the VA has followed since 1958. He maintained the rule would not have affected any Veteran’s current disability rating.
Yesterday, Collins backtracked on social media that the department would stop enforcing the rule.
“Effective immediately, VA is halting enforcement of the interim final rule, Evaluative Rating: Impact of Medication,” Collins wrote. “VA issued the rule to clarify existing policy and protect Veterans’ benefits in the wake of an ongoing court action. But many interpreted the rule as something that could result in adverse consequences. While VA does not agree with the way this rule has been characterized, the department always takes Veterans’ concerns seriously.”
Collins said the VA will continue to accept public comments on the rule but confirmed it “will not be enforced at any time in the future.”
The reversal came after thousands of Veterans flooded the Federal Register with comments, and at least one lawsuit was filed challenging the regulation. Within the first 60 hours of publication, more than 10,000 comments were submitted.
The American Legion was among the first national organizations to respond. National Commander Dan K. Wiley said The Legion raised concerns with VA officials immediately after the new rule was published. After Secretary Collins announced the halt, Wiley issued a follow-up statement addressing the decision.
“Today, VA Secretary Doug Collins announced the department is halting enforcement of the interim final rule published on February 17,” Wiley said. “This decision by Secretary Collins underscores the importance and power of your collective voice as Legionnaires.”
Wiley added, “I applaud the Secretary for making this decision, allowing the litigation to proceed in court and for your voices to be heard prior to the rule taking effect.” He encouraged Legionnaires to continue submitting comments while the public comment period remains open through April 20.
Other Veterans groups, including the Veterans of Foreign Wars, Disabled American Veterans, and Paralyzed Veterans of America, also criticized the rule. Paralyzed Veterans of America CEO Carl Blake warned that considering treatment effects in a way that lowers compensation could create a troubling precedent.
Per the VA, the regulation was intended to address court rulings and prevent the need to re-adjudicate roughly 350,000 claims across more than 500 conditions, with a potential economic impact exceeding $100 million annually.
For now, enforcement is off the table. The department will continue collecting public input as litigation moves forward, leaving the future of the rule uncertain.
Author: Rikki Almanza
Rikki is a Web Content Coordinator for the American Legion, Department of California. With a deep-rooted family connection to the military, Rikki is committed to using her skills and knowledge to provide valuable assistance and resources to servicemembers and veterans.
