Cost saving interim VA rule ties compensation to medicated condition vice underlying condition

thebesig | February 19, 2026 | 8 Comments

The Department of Veterans Affairs rolled out a new rule that took effect on February 17, 2026. This rule changes how disability rating evaluations are conducted. Generally, underlying conditions influenced disability ratings. However, the new rule shifts the decision from the underlying conditions to how the veteran performs while medicated. Veterans who currently have a VA rating would not be impacted. However, if they are ordered to conduct a reevaluation, they will be subjected to the new rule. Veterans who apply for compensation or for reevaluation as of the date of the rule or after will be impacted by this interim rule.

From Military.com:

For over a decade, veterans and their attorneys operated under court precedent that largely protected disability ratings from being reduced just because medication made symptoms more manageable. The key case was Jones v. Shinseki, a 2012 ruling by the U.S. Court of Appeals for Veterans Claims that held that the VA could not factor in medication’s benefits unless the specific rating criteria for that condition mentioned medication.

In March 2025, the same court extended that protection in Ingram v. Collins, ruling that VA examiners evaluating musculoskeletal conditions must attempt to determine “baseline severity” without medication. That decision applied to a veteran who had been rated 20% for a back disability and 10% for an ankle condition while taking prescription painkillers including opioids.

The VA’s new rule overrides both decisions. In its Federal Register filing, the agency called the Ingram ruling an “erroneous interpretation” that would require re-adjudication of more than 350,000 pending claims across roughly 500 diagnostic codes. The Office of Information and Regulatory Affairs classified the rule as a “major rule” under the Congressional Review Act, estimating an annual economic impact exceeding $100 million.

Despite that classification, VA Secretary Douglas Collins, who signed the rule Feb. 11, invoked emergency authority to make it effective immediately, bypassing the standard 60-day Congressional review period. The VA also skipped the typical advance public comment period, arguing that the rule simply formalizes longstanding policy and that delay would cause “significant disruption” to benefits delivery.

How Veterans Groups Responded

Disabled American Veterans issued a statement expressing “extreme disappointment and alarm,” accusing the VA of using “an unnecessarily expedited process that effectively shut out veterans from providing any meaningful input.” DAV noted that the rule disregards clear court decisions and questioned how it will impact the more than 6 million veterans currently receiving disability compensation, most of whom take at least one medication.

Veterans of Foreign Wars sent a letter to Collins in which VFW National Commander Carol Whitmore, a former Army nurse, said the rule “could have unforeseen and harmful downstream effects for veterans” and called for “serious public scrutiny and possible legislative clarification from Capitol Hill.” The VFW disputed the VA’s characterization of the rule as longstanding practice, with the organization’s National Veterans Service Director Michael Figlioli stating that if the policy had truly been consistent since 1958, “there would have been no need for repeated judicial clarification.”

The VFW also raised concerns about veterans with fluctuating conditions, the impact of medication side effects on overall functioning, and potential safeguards against unfair reexaminations.

Combat Veterans of America called the rule “dangerous” and urged veterans to submit public comments, providing template letters on its website.

Thanks to OAM for providing heads up on this event.

Additional Reading:

Chisholm, R. (2026, February 17). VA’s New Rule on Medication Reducing Disability Ratings: What Veterans Need to Know. Chisholm Chisholm & Kilpatrick LTD. Link.

Editorial Staff. (2026, February 19). New VA rule bases disability ratings on medicated function – Veterans and advocates push back hard. Military.net. Link.

Wile, B. (2026, February 19) New VA Rule Ties Disability Ratings to Medicated Symptoms, Drawing Fire From Veterans Groups. Military.com. Link.