VFW says new federal rule could lower disability compensation for millions of veterans
VA Secretary Doug Collins halted a rule allowing disability ratings to be lowered if medication reduces impairment after nearly 10,000 public comments raised concerns.
- The VA on February 17 issued an interim final rule titled `Evaluative Rating: Impact of Medication` that amended section 4.10 to evaluate disabilities based on actual functional impairment while on medication.
- Responding to Ingram v. Collins and Jones v. Shinseki , VA officials argued these rulings force speculative unmedicated baselines and create burdens that risk widespread disruption.
- Data from the agency shows the rule's reach could affect more than 6 million veterans, over 500 diagnostic codes, and require re-adjudication of over 350,000 pending claims, with a $100 million impact.
- Lawyers and veterans filed lawsuits and petitions as the rule applies immediately to new claims, pending claims, requests for increased ratings, and scheduled reexaminations, with a public comment period through April 20.
- Advocates and clinicians warn the rule may discourage veterans from taking prescribed medications, risking health harms for PTSD, while congressional scrutiny and calls for hearings are expected.
20 Articles
20 Articles
VA halts enforcement of new benefits rule after sparking outrage
By Brian Todd, CNN (CNN) — The Department of Veterans Affairs is halting enforcement of a new rule for determining disability payments after veterans across the US expressed outrage for what they said would likely reduce benefits for many. The rule said a veteran’s disability level would be based on how well they function while on medication for an injury or illness and not simply having the impairment itself. For example, if a veteran has a ser…
VA backs off rule that would have cut benefits amid outrage
By Brian Todd, CNN (CNN) — The Department of Veterans Affairs is halting enforcement of a new rule for determining disability payments after veterans across the US expressed outrage for what they said would likely reduce benefits for many. The rule said a veteran’s disability level would be based on how well they function while on medication for an injury or illness and not simply having the impairment itself. For example, if a veteran has a ser…
Vietnam vet, law firms file suit over new VA ruling on disability rating exams
A Vietnam veteran has filed suit over a VA rule that requires medical examiners to factor in a medication's effects when determining a disability rating.
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