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VA Enacts Rule Basing Disability Ratings on How Veterans Function With Treatment

The change took effect immediately with public comments open through April 20.

Overview

  • Published as an interim final rule titled “Evaluative Rating: Impact of Medication,” the policy instructs examiners to rate disabilities based on functioning while on prescribed medication or other treatment.
  • The Department of Veterans Affairs says the rule formalizes longstanding practice and responds to the Ingram v. Collins decision, which it labeled an erroneous interpretation that would raise costs and slow claims.
  • The agency invoked “good cause” to bypass the usual 60‑day Congressional Review Act waiting period, allowing immediate implementation while accepting comments through April 20.
  • Veterans groups and advocates warn ratings and compensation could be reduced, cautioning that some may forgo medication and highlighting particular risks for those treated for mental health conditions.
  • Legal observers note the approach conflicts with prior court rulings, including Jones v. Shinseki and Ingram v. Collins, and say it could affect both new claims and reevaluations across all body systems.