Join Over 14,000 Veterans – Get Exclusive Monthly Insights

New Federal Rule Could Lower Disability Compensation for Veterans

Gavel on wooden table with USA flag
The Department of Veterans Affairs (VA) has introduced a rule change that could reduce disability compensation for veterans by considering the effects of medication on their disability ratings. The new rule, which reverses previous standards, has sparked concern from advocacy groups like the Veterans of Foreign Wars and Disabled American Veterans, who worry it may lead veterans to forgo medication to receive higher compensation. Despite the backlash, the VA has defended the change, stating it formalizes the VA’s long-standing practices.

Concerns Raised by Veterans' Groups

The VFW has expressed concern about how this change will impact veterans’ compensation.

“For years, courts ruled that the VA could not reduce disability ratings based on medication effects, meaning evaluations had to focus on a veteran’s true functional impairment. This new rule reverses that standard, instructing examiners to assess disabilities as they present, including the effect of medications, and ignore any baseline severity without medication,” said the VFW in a statement.

Experts worry that this change could discourage veterans from taking their prescribed medications in order to avoid potentially lower disability ratings, which would result in reduced compensation.

Currently, over six million veterans receive disability compensation, many of whom rely on medication to manage their health issues, including mental health conditions, bone injuries, and hypertension.

 

Veteran Advocacy Groups Express Alarm

The Disabled American Veterans (DAV) group is strongly opposed to the new rule. DAV National Commander Coleman Nee expressed concern, saying, “We are alarmed by the VA’s decision to introduce this Interim Final Rule, which may lower compensation for veterans who are taking medications to manage their conditions. This rule could potentially hurt veterans who rely on treatment to alleviate their symptoms.”

Veterans seeking disability ratings must submit a claim along with key military and medical records and undergo a VA exam. The results of that exam help determine if a veteran’s disability is service-connected, which is then placed on a scale of 0 to 100 for the severity of the condition.

Typically, federal changes like this are preceded by a public comment period, but the VA bypassed this process in this instance.

VA Defends the Change

Doug Collins, Secretary of the Department of Veterans Affairs, defended the change, stating that it was essential for it to be published immediately. “Waiting for a public comment period would have been impractical and contrary to the public interest,” Collins said.

In a statement on social media platform X, Collins emphasized, “The rule merely formalizes VA’s practice of determining disability ratings based on service-related disabilities and any medications veterans take. This change will not affect any veteran’s current disability rating.

While the rule went into effect on February 17, there remains an open comment period through April 20.

What’s Next: The Path Forward

With the rule now in place, veterans and their advocacy groups will likely continue to voice concerns and potentially push for legislative changes or revisions to ensure veterans are not unfairly impacted. While the Department of Veterans Affairs has defended the change, many veterans and experts remain wary about its effects on compensation for those taking medications for their conditions.

For veterans looking to understand how this rule may affect their compensation, it’s essential to stay informed about their rights and the ongoing public comment period. Veterans Guide offers comprehensive resources to help you understand state benefits, VA disability claims, and other veteran compensation programs. Whether you need assistance with military retirement pay, eligibility for state benefits, or any other questions, we’re here to help. Contact us today for a free consultation and let us ensure you receive the benefits you’ve earned.

Do you know what you need to obtain maximum VA benefits?

Learn more about what financial and medical benefits are available to Veterans and what a 100% VA Disability Rating requires.

soldier-repeating-the-gesture-as-he-always-did
Subscribe to Newsletter
on VA Disabilty News, Veteran Benefits, and Other Offerings from Veterans Guide
This field is for validation purposes and should be left unchanged.
We promise to never spam.

Matt is a VA-accredited attorney who co-founded NAVDA in 2023. Matt has helped veterans with the VA disability appeals process since he became accredited in 2021.