More than 18,500 veterans sent reactions and comments about a new rule by the Department of Veterans affecting how disability ratings and compensation are determined for veterans. VA Secretary Doug Collins paused the rule enforcement following backlash from veterans, but the public comment period will continue through April 20. (Stars and Stripes)
WASHINGTON — More than 18,500 veterans have flooded a government website with their concerns about a Department of Veterans Affairs rule for awarding disability benefits that bases compensation on how a veteran does on medication — and not on the injury or illness itself.
Veteran John Schen described the new rule as “a slap in the face” to disabled veterans in public comments about the interim final rule, titled “Evaluative Rating: Impact of Medication,” on regulations.gov.
The VA is facing significant backlash after implementing an interim final rule that could potentially lower disability ratings and reduce monthly benefits for veterans with new claims or clinical reevaluations of service-connected medical conditions.
VA Secretary Doug Collins paused enforcement of the rule Thursday — a little more than 48 hours after it took effect — following pushback from veterans. The rule “will not be enforced at any time in the future,” Collins said on social media.
Yet the rule remains in effect pending formal VA review of public input after the comment period closes on April 20.
Under the Code of Federal Regulations, an interim final rule is legally binding during a public comment period.
There is an official, detailed process that must be adhered to rescind a rule and restore the prior standard, said Bradley Hennings, partner with Chisholm, Chisholm & Kilpatrick, a national law firm that specializes in veterans disability law.
“A tweet or press release is not legally binding on VA. We believe that the legal formalities must be followed,” Hennings said.
The VA has provided no indication that it plans to revoke the rule.
Sen. Richard Blumenthal, of Connecticut, the top Democrat on the Senate Veterans’ Affairs Committee, said he is preparing legislation to protect veterans disability benefits from being impacted by the rule.
“While I’m encouraged that the secretary has temporarily walked away from his short-sighted policy to slash disability benefits for thousands of veterans, this rule must be permanently rescinded,” he said.
Collins maintained that the VA rule simply “clarifies 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 on social media.
Blumenthal countered that he is concerned that examiners for the VA will still apply the interim final rule when issuing ratings, despite Collins’ pledge that it will not be enforced.
Veterans of Foreign Wars also demanded that the VA formally revoke or withdraw the rule.
“Disabled veterans should never be forced to choose between following their doctor’s orders and protecting their earned benefits. This interim rule puts that stability at risk, and it must be withdrawn,” said Carol Whitmore, VFW’s national commander.
Comments left by individual veterans on regulations.gov echoed VFW’s statements.
“This decision shouldn’t just be paused — it should be fully rescinded. Anything less feels like a profound disrespect to those who have served and those who are currently serving,” wrote veteran Gary Shuler.
Veteran Christopher Rohrer commented that he feels “scared and appalled” that his disability rating could change.
Rohrer wrote that although he takes medication, his service-connected disability “impedes my ability to find and maintain employment.”
“I already struggle to pay for monthly expenses, and without the VA assistance, I would be homeless,” he said. “My service to this country led to my disabilities that will stay with me for the rest of my life.”
