An unpublished notice made available for public viewing in the Federal Register Thursday disclosed that the Department of Veterans Affairs is rescinding a rule that altered how disability ratings and compensation are determined for millions of veterans. The formal notice is scheduled for publication on Friday. (Stars and Stripes)
WASHINGTON — A new rule that altered how the Department of Veterans Affairs determines disability compensation for millions of veterans will be revoked, according to a formal VA notice scheduled to be published Friday in the Federal Register.
Titled “Rescission of Interim Final Rule, Evaluative Rating: Impact of Medication,” the notice states that the VA is rescinding a final interim rule published Feb. 17 and restoring the prior standard for calculating veterans disability ratings and related compensation.
The unpublished notice appeared in the Federal Register on Thursday for public viewing before its official publication. The notice states: “This rescission is effective immediately upon publication.”
Known as a “public inspection document,” the unpublished notice was made available for public viewing in the Federal Register one business day before its scheduled publication date, which is standard protocol, according to the Federal Register.
The goal is to “allow transparency” before a document becomes official, according to the Federal Register.
The VA did not immediately respond to a request for comment about the unpublished notice.
VA’s move to officially rescind the rule follows VA Secretary Doug Collins’ abrupt announcement on social media that he was halting enforcement of the interim final rule — just 48 hours after it took effect — following intense public backlash.
The rule was sharply criticized for linking a veteran’s disability rating to how well medication manages symptoms, instead of on the severity of a service-connected injury or illness, which had been the standard practice.
Veterans and their advocates flooded a government website — regulations.gov — collecting feedback on the new rule, which received more than 20,000 comments in little over a week.
The new rule was condemned for potentially lowering disability ratings for veterans who sought treatment and for sidestepping the standard rule-making process, which requires advance notification, review and public feedback.
“Veterans should not be penalized for properly managing their service-connected conditions with medication. Medication often controls symptoms but does not cure the underlying disability,” wrote William Stark on regulations.gov. “This rule could unfairly reduce earned benefits for veterans nationwide.”
VA’s move Thursday to officially revoke the interim final rule marks the first step in the government’s rule-making process to restore the court-ordered practice for determining disability with a clinical evaluation of a service-connected injury or illness without consideration of medication or other treatments.
The unpublished notice stated: “VA issued the rule to clarify existing policy and protect veterans’ benefits in the wake of an ongoing court action. VA always takes veterans’ concerns seriously and recognizes that many commenters construed the interim final rule as something that could result in adverse consequences.”
“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 that the interim final rule is rescinded effective immediately.”
