The Department of Veterans Affairs is expected to permanently rescind an interim final rule published in the Federal Register earlier this month that would have changed how veteran disability ratings are evaluated.
The interim rule, initially published on Feb. 17, would have impacted how VA assesses functional impairment, and directed medical examiners that if medication lowers the level of a disability, "the rating will be based on that lowered disability level." Veterans’ disability ratings determine their level of compensation.
“VA remains committed to its mission of ensuring that every claimant applying for benefits - especially veterans who have earned disability compensation through their honorable service to the Nation - receive all benefits to which they are entitled under the law as expeditiously as possible,” it said in an advanced Federal Register notice expected to be published on Feb. 27.
“To ensure that VA can fulfill this mission while maintaining the trust and confidence of our Nation’s veterans, as well as their families, caregivers, and survivors, the Department hereby advises the interim final rule is rescinded effective immediately,” the notice continued.
VA Secretary Doug Collins temporarily halted implementation of the policy on Feb. 19, following backlash from veterans, Veterans Service Organizations and lawmakers.
Disabled American Veterans said it is pleased to learn VA is completely rescinding the rule.
“No veteran should ever have to worry that taking the medicines they need to manage their illnesses and injuries could result in the reduction of their benefits,” said DAV National Commander Coleman Nee in a statement. “We greatly appreciate Secretary Collins listening to the veteran community and quickly reversing course on this issue. We are also encouraged that VA leadership heard our concerns about how this process was handled and has pledged greater communication and transparency moving forward.”
Ranking Member of the Senate Veteran Affairs Committee Richard Blumenthal (D-CT) said the move to permanently rescind the rule is a credit to the tens of thousands of veterans who made their voices heard.
“This policy would have put veterans in an impossible situation of choosing between taking life-improving medication they need or risk losing their earned benefits,” he said.
Nearly 20,000 comments were sent in concerning the interim rule.
Reach Julia LeDoux at Julia@connectingvets.com.