CVLC News
Response: Proposed VA Rule Change for Veteran Disability Ratings
UPDATE: As of February 26, 2026 the proposed rule has been rescinded from the federal register. Thank you to the almost 20,000 people who submitted a public comment and to all who spoke up on behalf of our Veterans. We also thank the Department of Veterans Affairs for listening and quickly reversing course.
The VA’s recently enacted interim rule change to base disability ratings not on the veteran’s functional level of disability, but on the apparent functional level of disability following the veteran’s use of medication, has the potential to cause great harm to veterans and is contrary to the rules governing the adjudication of veteran disability benefits for decades. This change comes after numerous decisions from the Court of Appeals for Veteran Claims have ruled precisely that the VA cannot consider the effect of medication on the injury when issuing a disability rating.
Connecticut Veterans Legal Center is dismayed that this rule was rushed out, without the normal notice and comment period specified by the Administrative Procedures Act, and in blatant rejection of judicial interpretation. This rule change is clearly intended to reduce disability payments for current and future veterans, requiring VA examiners to lower a veteran’s disability rating if medication or treatment reduces the veteran’s symptoms. Further, we are concerned that veterans may reduce or stop their medication to preserve their current rating, which could cause harm physically and mentally to these veterans.
We have already received calls from our clients concerned about how this change will impact them. The VA should be in the business of encouraging veterans to take care of themselves, not penalizing them for it.
Read the proposed rule in full on the Federal Register: https://www.federalregister.gov/documents/2026/02/17/2026-03068/evaluative-rating-impact-of-medication.
Public comments are accepted through April 20, 2026 at the same link. We will be making a formal comment and encourage you to do so also.
Learn more
Stars & Stripes (paywall/free article limit): https://www.stripes.com/veterans/2026-02-17/new-va-rule-disability-ratings-20780685.html
Task & Purpose: https://taskandpurpose.com/military-life/veterans-affairs-disability-rule-2026/