More than six million veterans currently receive disability compensation from the U.S. Department of Veterans Affairs (VA), relying on medication to manage a range of service-connected injuries and illnesses such as PTSD, traumatic brain injury, hypertension, joint damage, and chronic pain.
A recent federal rule change has caused concern among veterans. On February 17, the VA published an interim final rule amending its interpretation of 38 C.F.R. § 4.10, which determines how functional impairment is evaluated for disability ratings. The new rule instructs VA examiners to assess veterans based on their functioning while taking medication rather than evaluating the severity of their condition without medication.
This means that if a veteran’s symptoms improve with medication, that improvement could be considered in determining their disability rating. Veteran service organizations like the Veterans of Foreign Wars and Disabled American Veterans have warned that this approach could lower disability ratings for many veterans who follow prescribed treatment plans.
Several concerns have been raised by advocates and organizations: whether veterans might feel pressured to stop taking medication to maintain their benefits; whether mental health conditions such as PTSD would be underestimated if symptoms are controlled by medication; why the rule was issued without traditional notice-and-comment procedures; and why it appears to contradict recent court rulings.
Disability ratings directly impact monthly compensation, access to healthcare tiers within the VA system, dependent benefits, and long-term financial stability for veterans. In response to the rule change, organizations, lawmakers, and advocates quickly voiced opposition within two days.
“We stand with our fellow veterans. Both of us served in the United States Army. We swore an oath to defend the Constitution of the United States against all enemies, foreign and domestic. That oath did not expire when the uniform came off,” said members of the Defense & Veterans Affairs Joint Committee.
They added: “Many veterans did not leave duty once conditions improved or when headlines declared peace. They carried the physical and invisible wounds of service home with them. Freedom is not free, and many veterans live the cost of freedom every single day.”
The statement continued: “Some struggle in silence, and tragically, too many die by suicide. The weight of service, trauma and uncertainty can compound quickly. The last thing a veteran should worry about is whether following their doctor’s orders will jeopardize the benefits they earned. As veterans and members of the Defense & Veterans Affairs Joint Committee, we side with those who served. Veterans deserve clarity, stability and respect, not confusion or financial insecurity.”
On February 19—two days after publication—VA Secretary Doug Collins announced that enforcement of this rule would be halted pending further review. According to a statement from the VA: “The department does not agree with how the rule has been characterized; it will not enforce the rule at any time in the future.” The public comment period remains open through April 20.
However, while enforcement has stopped for now, advocates note that rescinding or clarifying this policy is still necessary before it is fully resolved.
Veterans are being advised that current disability ratings are not being reduced at this time; enforcement has been paused; public comments are still accepted; but full resolution awaits formal withdrawal or clarification of this interim final rule.
Veterans are also urged not to stop taking prescribed medications due to these developments since doing so could endanger their health or wellbeing.
“The disability rating system is built on a fundamental principle,” reads another part of their statement: “Compensation reflects the impact of service-connected conditions on earning capacity and daily function. If policy shifts create ambiguity about how that function is measured—medicated or unmedicated—transparency is essential.”
They concluded: “The process must be clear, predictable, fair and subject to public input. Veterans have earned that… You served with clarity of mission. You deserve clarity in policy. You deserve your earned benefits.”
Burns—a Republican elected in 2005—represents Georgia’s 159th House District after succeeding Ray Holland.