VA Reverses Course on Veterans Benefits Change

VA Reverses Course on Veterans Benefits Change
Source: Newsweek

The Department of Veterans Affairs (VA) has reversed its decision to shift disability compensation decisions based on how well veterans function while on medication.

The new policy, which stipulated that disability levels will be based on how well veterans function while on medication, instead of the underlying disability or injury itself, has been axed by VA Secretary Doug Collins, who said the agency looks to avoid what many perceived as "adverse consequences."

"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 wrote on X Thursday.
"While VA does not agree with the way this rule has been characterized, the department always takes Veterans' concerns seriously. 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."

The new policy would have impacted how VA rates veterans' disabilities when they file new claims and have their disabilities evaluated during doctor exams.

If their disability levels were rated lower because of how well they function on medication, payment amounts could decrease dramatically for millions of disabled veterans across the country.

Collins said the VA decided to forgo implementation of the rule as feedback came in regarding the possible consequences of shifting compensation levels based on veterans on medication rather than the underlying disability itself.

"Under my leadership, VA is ensuring that everyone applying for benefits receives everything they have earned as quickly and conveniently as possible. This includes reducing the backlog of Veterans waiting for benefits by more than 60 percent," Collins said Thursday. "We will continue these improvements on behalf of America's Veterans, families, caregivers and survivors."

The original policy change said: "If medication or other treatment lessens the functional impairment a disability causes and thereby improves a veteran's earning capacity, that is the proper disability level for which the veteran should be compensated."

While the public comment period for the rule was initially set for Tuesday until April 20, many veterans were vocal about how the rule could cause harm for those facing disabilities as a result of serving their country.

The new rules determined disability rating based on "how you're doing on your present medication, not how bad your condition is without it," the Veterans VA Benefits and Claims Assistance group said on Facebook.

"Disability ratings are now explicitly based on how a veteran functions with medication or treatment, not on how severe the condition would be without it," Michael Ryan, a finance expert and the founder of MichaelRyanMoney.com, previously told Newsweek.

"Examiners are directed to rate the 'lowered' level of disability if meds or treatment improve symptoms and quality of life."

Currently, the VA pays roughly $150 billion in disability benefits yearly, and disability determination ratings play a major role in how much is sent.

Veterans disability benefits are calculated by assigning separate percentage ratings to each service‑connected condition.

The agency then combines them using VA math, applying each condition to what's left of a veteran's "whole person" and rounding to the nearest 10 percent, which can significantly change the outcome.

VA Secretary Doug Collins, on X 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."
"While VA does not agree with the way this rule has been characterized, the department always takes Veterans' concerns seriously. 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."
Michael Ryan, a finance expert and the founder of MichaelRyanMoney.com, previously told Newsweek: "The gap between medicated and unmedicated life is where this gets brutal. A veteran who can barely function without meds but can hold a basic job with them gets rated based on the medicated version. A vet whose migraines or PTSD symptoms are debilitating off meds but appear 'manageable' on their current regimen gets the lower rating. The rule effectively penalizes treatment adherence by tying compensation to how well the veteran manages to function, not to the underlying severity of the service-connected condition."

Now that the VA's new policy has been reversed, compensation levels will revert to analyzing each veteran based on their function with the underlying disability, not when they're medicated for it.