VA plans to formally rescind controversial disability rule

The Department of Veterans Affairs is formally rescinding a rule that would have impacted how the agency evaluates disability benefits, after a week of outcry from veterans groups, according to a Federal Register notice document.

Under the federal rule published by the VA on Feb. 17, evaluators would have been directed to rate veterans’ disabilities based on the effects of medication and how treatment improves their quality of life. 

The VA did not immediately respond to Task & Purpose requests for comment. 

The sudden implementation of the rule last week sparked immediate outcry from veterans groups, who said the VA did not include them in policy discussions ahead of the rule going into effect and advocates warned that the new rule could pose safety issues for veterans who didn’t take their medications to prevent lowering their disability rating. 

“VA issued the rule to clarify existing policy and protect veterans’ benefits in the wake of an ongoing court action. VA always takes veterans’ concerns seriously and recognizes that many commenters construed the interim final rule as something that could result in adverse consequences,” the agency wrote in the Federal Register update. “To ensure that VA can fulfill this mission while maintaining the trust and confidence of our Nation’s veterans, as well as their families, caregivers, and survivors, the Department hereby advises that the interim final rule is rescinded effective immediately.”

Before the “interim final” rule was formally taken off the books, the Federal Register notice had more than 19,000 public comments from veterans and advocates — many of them hyper-critical of the health and financial impacts that the enforcement of the rule would have.

“Some stakeholders have expressed uncertainty about the interim final rule’s effect on claims, and leaving the rule in place during a lengthy rulemaking process could undermine confidence in the benefits system. Immediate rescission ensures continuity in adjudication and preserves the status quo,” the agency wrote as part of its decision for rescinding the rule. 

Michael Figlioli, the national service director for the Veterans of Foreign Wars, said he was “very happy the VA heard our collective voices” following an outpouring of criticism from veterans service organizations about the disability rule.

“Great news,” he told Task & Purpose on Thursday. “Good for veterans.”

‘Legal questions’

The VA also notes that the rule’s rescission “does not resolve the legal questions now before the courts; it simply restores prior regulatory text to maintain stability.”

The “legal questions” refer to an ongoing battle in the U.S. Court of Appeals for the Federal Circuit involving a disability appeals case with Army veteran Carlton Ingram, who suffered musculoskeletal injuries. 

In the original Federal Register notice, the VA had cited the “negative impact” of the Ingram case as part of its justification for moving forward with the final rule, adding that the outcome would affect more than 350,000 currently pending disability claims.

In July 2025, the VA brought the Ingram case to the federal circuit after a decade’s worth of court decisions denied VA the ability to consider medication for the majority of veteran disabilities. 

The Ingram case is still pending in federal court.

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