A new Department of Veterans Affairs rule that would tie disability ratings more closely to how well medication controls symptoms has been halted by the VA Secretary.
The VA issued the interim final rule on Tuesday, saying it was intended to clarify longstanding policy and respond to recent court action that could have required the department to estimate how severe a condition might be without medication.
The rule drew sharp criticism from advocates who say it risks minimizing invisible wounds and discouraging veterans from seeking treatment. Under the rule, disability evaluations would focus on a veteran’s actual level of impairment while using prescribed treatment, rather than speculating about untreated symptoms.
The department said the change was necessary to avoid delays in processing claims and to ensure consistent standards.
But after backlash from veterans and advocacy groups, VA Secretary Doug Collins announced the department is halting enforcement of the rule effective immediately. In a statement, Collins said the VA issued the rule to protect veterans’ benefits amid ongoing litigation but acknowledged that many interpreted it as potentially harmful.
“While VA does not agree with the way this rule has been characterized, the department always takes veterans’ concerns seriously,” Collins said, adding that the agency will continue accepting public comments but will not enforce the rule at any time in the future.
The VFW National Commander Carol Whitmore was quick to criticize how the VA rolled out the rule in what a statement from the veteran organization said was an 'abrupt shift' that "penalized veterans for complying with treatment."
"While VA has authority to amend the rating schedule, it must do so without adversely affecting veterans, which is why we invite dialogue with Secretary Collins and his team to ensure we are crafting benefits policy in a way that honors the sacrifices of our veterans and protects their earned benefits.”
Shannon Hough, CEO and founder of Shield of Sisters and a member of the VA’s Advisory Committee on Women Veterans, said she and other advocates were blindsided by the rule’s release.
“Shock, absolute shock,” Hough said. “When you put something like this out and don’t talk to the people that it affects the most … it’s like a slap in the face.”
Hough said the VA did not brief the advisory committee before issuing the rule and warned it could have unintended consequences, particularly for survivors of Military Sexual Trauma and veterans living with moral injury or other mental health conditions.
"You know, moral injury, which is what Military Sexual Trauma is, can't be medicated away. It can't be changed with, with a rating. It can't be changed with medication, it can't be changed with counseling," Hough said.
Under the approach outlined in the rule, disability ratings would have been reduced if medication were deemed effective in controlling symptoms. Hough said that could discourage some veterans from seeking treatment out of fear their benefits would be lowered.
“They might not go and get medication because it’s going to change their disability rating,” she said.
She also questioned how the VA would handle cases when medications stop working or only partially control a condition, saying the policy raises more questions than answers.
The interim rule remains open for a 60-day public comment period. Collins said the VA will continue efforts to speed benefits processing, noting the department has reduced its claims backlog by more than 60%.
Hough urged veterans and their families to submit comments and contact lawmakers.
“The louder our voices are, the better it’s going to be,” she said.
You can read the original ruling and provide public comment by visiting the Federal Register.
