Amid outcry, VA abruptly stops enforcing new disability rating rule

Veterans Affairs Secretary Doug Collins announced Thursday that he would not enforce a rule mandating that disability ratings be based on improvements with medication, rather than on the severity of the condition or injury. The rule, which had gone into effect Tuesday, led to an outcry from major veterans groups. A public comment period for the rule will continue through April 20. (Eric Kayne/Stars and Stripes)

WASHINGTON — The Department of Veterans Affairs on Thursday abruptly announced that it would stop enforcing a new rule requiring disability ratings to be calculated by how well veterans function on medication and not solely on the underlying condition or injury itself.

“Effective immediately, VA is halting enforcement of the interim final rule, ‘Evaluative Rating: Impact of Medication,’” VA Secretary Doug Collins said in a brief statement posted on social media on Thursday.

“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,” Collins said.

The rule, which had gone into effect Tuesday without prior notice, was quickly condemned by major veterans groups as effectively lowering a veteran’s disability rating and subsequent monthly compensation.

“DAV is extremely disappointed and alarmed by VA’s decision to issue an interim final rule today that could potentially reduce disability compensation for millions of disabled veterans,” said Coleman Nee, national commander of Disabled American Veterans.

“As a former Army nurse, it seems this rule change could have unforeseen and harmful downstream effects for veterans, which is why it demands serious public scrutiny and possible legislative clarification from Capitol Hill,” said Carol Whitmore, national commander of Veterans of Foreign Wars.

The rule required examiners for the VA to calculate the improvements veterans derive from taking medication when determining ratings, while recent court rulings had directed the VA to base a veteran’s disability level on the severity of the condition.

At issue was an amendment to the Code of Federal Regulations — called an interim final rule — that directs how VA examiners assess a veteran’s impairments on daily life skills and employment.

A public comment period on the rule opened Tuesday on regulations.gov and will run through April 20. More than 10,000 people had commented by midday Thursday.

“While VA does not agree with the way this rule has been characterized, the department always takes veterans’ concerns seriously,” Collins said in his announcement.

Collins also indicated that the VA would not pursue enforcing the rule again.

“To alleviate these concerns, VA will continue to collect public comments regarding the rule, but it will not be enforced at any time in the future,” Collins said.

“Under my leadership, VA is ensuring that everyone applying for benefits receives everything they have earned as quickly and conveniently as possible,” Collins said.

“This includes reducing the backlog of veterans waiting for benefits by more than 60%. We will continue these improvements on behalf of America’s veterans, families, caregivers and survivors,” Collins said.

The DAV issued a statement Thursday afternoon that applauded the decision.

“We appreciate the secretary listening to and acting on the concerns of those who have served and sacrificed for this nation,” Nee said. “No veteran should ever have to worry that taking medications they need due to their illnesses and injuries could result in the reduction of their benefits.”