While MOAA joined fellow veteran advocacy groups in support of a VA decision to reverse course on a new rule regarding veteran disability ratings, a pledge to “halt enforcement” of the provision isn’t enough – the rule must be fully rescinded.

That’s part of MOAA’s public comment on the interim final rule – Evaluative Rating: Impact of Medication. The rule was published Feb. 17 in the Federal Register; two days later, VA Secretary Doug Collins announced via X that the department would not enforce the measure, which he said was meant to “clarify existing policy” after recent court cases.

The interim final rule had more than 19,000 public comments as of Feb. 24, the wide majority expressing concerns that the regulation could reduce ratings and benefits for veterans whose conditions are controlled or improved by medication.

“The interim final rule, as issued, fails to account for treatment burdens, creates harmful incentives, destabilizes access to benefits, and was promulgated without adequate public input,” MOAA wrote in its public comment. In addition to rescinding the rule, MOAA also requests that the VA:

• “Clarify that effective treatment alone does not constitute medical improvement and that disability ratings should not be reduced based on ameliorative effects of medication and/or treatment.”
  
  
• “Explicitly prohibit adverse rating consequences tied to treatment compliance, ensuring veterans are not discouraged from following prescribed care.”
  
  
• End efforts to appeal Ingram v. Collins, in which a court ruled VA examiners should use “baseline severity” without medication when rating musculoskeletal conditions.

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The rule could incentivize veterans to skip treatment prior to evaluation, MOAA wrote in its public comment. It also does not address second- and third-order effects that could disrupt a veteran’s treatment and/or recovery, such as side effects from prescribed medication or changes to VA’s drug formulary or treatment protocols. Additionally, beneficiaries of other programs administered by the VA, such as Chapter 35 Dependents’ Education Assistance, could be impacted as eligibility is dependent upon disability ratings.

Process Failure

“If the department intends to pursue a new rule, it should reengage stakeholders through a transparent notice-and-comment process,” MOAA wrote in its public comment. “Doing so will strengthen the regulation, protect veterans and their families from unintended harm, and ensure VA’s disability rating system remains equitable, medically sound, and worthy of trust.”

The VA moved the rule forward under the “good cause” provision of the Administrative Procedure Act, which allowed the department to bypass regular procedure.

Moving forward on the rule without input from veterans groups and other stakeholders “materially weakened the rule,” MOAA wrote. The move also caused uncertainty and concern throughout the veterans community, many expressing their frustration via comments on the rule and through interactions with veterans groups.

Public comments on the rule can be submitted via the Federal Register website until April 20. Consider these suggestions from Regulations.gov for making an effective comment.