WASHINGTON, D.C. — The Department of Veterans Affairs announced Thursday it will stop enforcing an interim final rule that would have required disability ratings to account for the effects of medication and other treatment on a veteran’s functional impairment.
“Effective immediately, VA is halting enforcement of the interim final rule, Evaluative Rating: Impact of Medication,” VA Secretary Doug Collins said in a department post. Collins acknowledged the rule had prompted strong reactions and said the department would continue to collect public comments but “it will not be enforced at any time in the future.” He added that “while VA does not agree with the way this rule has been characterized, the department always takes Veterans’ concerns seriously.”
The rule, published Feb. 17 in the Federal Register, amended how examiners assess impairments by directing evaluators to consider a veteran’s actual level of functional impairment while using prescribed treatments — including medications — rather than speculating about untreated symptoms. VA officials said the rule was intended to clarify longstanding policy and respond to recent court decisions, but the expedited rollout and emergency authority used to make the rule effective immediately drew swift condemnation from veterans and advocacy organizations.
In a statement released Feb. 19, Coleman Nee, national commander of Disabled American Veterans, praised the decision to halt implementation and urged continued partnership with the VA. The statement read in full: “DAV applauds Secretary Collins’ decision to halt the implementation of VA’s rule regarding the impact of medication on evaluation ratings for service-connected disabilities. We appreciate the Secretary listening to and acting on the concerns of those who have served and sacrificed for this nation. No veteran should ever have to worry that taking medications they need due to their illnesses and injuries could result in the reduction of their benefits. We look forward to working with the Secretary to ensure that veterans receive all the health care and benefits they’ve earned now and in the future.”
Other veteran organizations issued mixed — but largely critical — responses before and after the VA’s reversal. Dan K. Wiley, national commander of the American Legion, said he “applaud[ed] the Secretary for making this decision,” thanking the VA for allowing the litigation and public input to proceed prior to implementation. The Veterans of Foreign Wars, which had criticized the rule as rushed and potentially punitive to veterans following doctors’ orders, welcomed the pullback but called for transparency and ongoing engagement.
Some advocacy groups urged caution. Burn Pits 360 and other organizations warned that pausing enforcement is not the same as withdrawing the rule and cautioned that leaving the interim final rule on the books could enable its reinstatement later, prolonging uncertainty for veterans — particularly those with conditions tied to toxic exposures and covered under the PACT Act.
Members of Congress also weighed in. Several lawmakers pressed the VA to formally rescind the rule rather than merely halting enforcement; Sen. Tammy Duckworth (D-Ill.), a combat-wounded veteran and member of the Senate Veterans’ Affairs Committee, expressed skepticism about the reversal and urged permanent removal of any policy that could reduce earned benefits.
The public comment period on the rule had drawn heavy attention: by midday Thursday more than 10,000 comments had been submitted to regulations.gov, according to media reports. The VA said it will continue to accept and review comments during the open comment period even as it refrains from enforcing the rule.
Legal and policy analysts say the episode highlights tension between the VA’s effort to standardize rating guidance after recent court rulings and veterans’ concerns that tying ratings to medicated functioning could disincentivize or penalize treatment. With enforcement halted, the debate is expected to move into public comment, litigation and possible congressional scrutiny in the weeks ahead.
