A public comment period on the new VA rule discussed below opened Tuesday on regulations.gov and will run through April 20. please click on the link. Once you arrive at the Regulations.gov webpage, scroll down to the Evaluative Rating: Impact of Medication (AS49) block and click on it and make your feelings known.
Ira Johnson also provided a Facebook link that explains the whole process in detail. Just click here.
Ira Johnson also provided a Facebook link that explains the whole process in detail. Just click here.
New VA Rule Ties Disability Ratings to
Medicated Symptoms
From: Military.com
Medicated Symptoms
From: Military.com
A new Department of Veterans Affairs rule that took effect Feb. 17 changes how the agency evaluates disability ratings for millions of veterans, tying compensation to how well a veteran functions while on medication rather than to the severity of the underlying condition.
Public comments are being accepted through April 20 at regulations.gov under docket RIN 2900-AS49. The department had received more than 1,900 comments by publication time.
The interim final rule, titled "Evaluative Rating: Impact of Medication," amends the core regulation governing how the VA assesses functional impairment. It adds two sentences directing medical examiners not to "estimate or discount improvements to the disability due to the effects of medication or treatment" and stating that if medication lowers the level of disability, "the rating will be based on that lowered disability level."
The rule applies across all body systems, including musculoskeletal, cardiovascular, digestive and mental health conditions. It affects new claims and any existing disability that comes up for reevaluation through a clinical exam.
Veterans advocacy organizations responded within hours.
What Changed: 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.
What It Means in Practice: The practical concern raised by advocates is straightforward: A veteran whose PTSD is partially controlled by medication may now appear less disabled during a compensation and pension exam than they would without treatment. The same applies to a veteran whose knee pain is managed by anti-inflammatories or whose blood pressure is controlled by daily pills.
Under the previous court precedent, examiners were required to consider what the disability would look like without medication. Under the new rule, the rating is based on how the veteran presents at the time of the exam, medication and all.
Existing ratings are not automatically changed by the rule. But any veteran whose disability comes up for a scheduled reexamination after Feb. 17 will be evaluated under the new standard. New claims filed on or after that date are also subject to it.
Retired Army Col. Charles Garbarino, a physician who served three tours in Iraq, told Stars and Stripes he worries many veterans will stop taking their medications rather than risk a lower rating, particularly those prescribed drugs for post-traumatic stress disorder. "A lot of veterans prescribed medication for their service-related medical problems will cut it off, rather than lose compensation," Garbarino said.
What Happens Next: The Ingram case is reportedly on appeal to the U.S. Court of Appeals for the Federal Circuit. The new rule does not automatically moot that appeal, but it changes the regulatory landscape. If the Federal Circuit weighs in, its decision could affect how the regulation is applied going forward.
Veterans, advocates and organizations can submit public comments through regulations.gov until April 20. Both the VFW and DAV have indicated they plan to file formal comments and work with Congress to seek legislative clarification protecting the veteran-centric benefits system.
Veterans with pending claims involving medication effects should consult an accredited veterans service organization representative or attorney, as timing may be critical for cases argued under the Jones or Ingram precedent.
Updated: Feb 19, 2026
Editor's note: Department of Veterans Affairs Secretary Doug Collins announced Feb. 19 that the VA “is halting the enforcement of the interim final rule,” Collins said in a post on X. “VA issued the rule to clarify existing policy and protect Veterans' benefits in the wake of an ongoing court action. But many interpreted the rule as something that could result in adverse consequences. While VA does not agree with the way this rule has been characterized, the department always takes Veterans’ concerns seriously. To alleviate these concerns, VA will continue to collect public comments regarding the rule, but it will not be enforced at any time in the future.” The following is the text of our original article:
Amid outcry, VA abruptly stops enforcing new
disability rating rule
From: Stars & Stripes
disability rating rule
From: Stars & Stripes
The Department of Veterans Affairs on Thursday abruptly announced that it would stop enforcing a new rule requiring disability ratings to be calculated by how well veterans function on medication and not solely on the underlying condition or injury itself.
“Effective immediately, VA is halting enforcement of the interim final rule, ‘Evaluative Rating: Impact of Medication,’” VA Secretary Doug Collins said in a brief statement posted on social media on Thursday.
“VA issued the rule to clarify existing policy and protect veterans’ benefits in the wake of an ongoing court action. But many interpreted the rule as something that could result in adverse consequences,” Collins said.
The rule, which had gone into effect Tuesday without prior notice, was quickly condemned by major veterans groups as effectively lowering a veteran’s disability rating and subsequent monthly compensation.
“DAV is extremely disappointed and alarmed by VA’s decision to issue an interim final rule today that could potentially reduce disability compensation for millions of disabled veterans,” said Coleman Nee, national commander of Disabled American Veterans.
“As a former Army nurse, it seems this rule change could have unforeseen and harmful downstream effects for veterans, which is why it demands serious public scrutiny and possible legislative clarification from Capitol Hill,” said Carol Whitmore, national commander of Veterans of Foreign Wars.
The rule required examiners for the VA to calculate the improvements veterans derive from taking medication when determining ratings, while recent court rulings had directed the VA to base a veteran’s disability level on the severity of the condition.
At issue was an amendment to the Code of Federal Regulations — called an interim final rule — that directs how VA examiners assess a veteran’s impairments on daily life skills and employment.
A public comment period on the rule opened Tuesday on regulations.gov and will run through April 20. More than 10,000 people had commented by midday Thursday.
“While VA does not agree with the way this rule has been characterized, the department always takes veterans’ concerns seriously,” Collins said in his announcement.
Collins also indicated that the VA would not pursue enforcing the rule again.
“To alleviate these concerns, VA will continue to collect public comments regarding the rule, but it will not be enforced at any time in the future,” Collins said.
“Under my leadership, VA is ensuring that everyone applying for benefits receives everything they have earned as quickly and conveniently as possible,” Collins said.
“This includes reducing the backlog of veterans waiting for benefits by more than 60%. We will continue these improvements on behalf of America’s veterans, families, caregivers and survivors,” Collins said.
The DAV issued a statement Thursday afternoon that applauded the decision.
“We appreciate the secretary listening to and acting on the concerns of those who have served and sacrificed for this nation,” Nee said. “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.”
A public comment period on the rule opened Tuesday on regulations.gov and will run through April 20. More than 10,000 people had commented by midday Thursday, February 19.
N.Y. Introduces Commemorative Medals to Honor
Iraq and Afghanistan War Veterans
Iraq and Afghanistan War Veterans
New York State is paying tribute to veterans of the Iraq and Afghanistan wars with the introduction of new commemorative medals. Approved in 2023, these medals are designed to recognize and honor the service of military members who served in Afghanistan between 2001 and 2021, as well as those who served in Iraq from 2003 to 2011.
Veterans or their families can apply for these medals online through the New York State Division of Military and Naval Affairs website. To be eligible, applicants must provide proof of military service during the specified timeframes and demonstrate residency in New York State.
While these medals are not intended for wear on military uniforms, they serve as a meaningful gesture of gratitude from the State of New York, the New York State Legislature, and Governor Kathy Hochul. The initiative reflects the state’s commitment to acknowledging the sacrifices and contributions of its service members who participated in these significant military operations.
Go to: New York State Military Awards and Decorations
For more information or to apply, eligible individuals are encouraged to visit the Division of Military and Naval Affairs website (above).
Veterans or their families can apply for these medals online through the New York State Division of Military and Naval Affairs website. To be eligible, applicants must provide proof of military service during the specified timeframes and demonstrate residency in New York State.
While these medals are not intended for wear on military uniforms, they serve as a meaningful gesture of gratitude from the State of New York, the New York State Legislature, and Governor Kathy Hochul. The initiative reflects the state’s commitment to acknowledging the sacrifices and contributions of its service members who participated in these significant military operations.
Go to: New York State Military Awards and Decorations
For more information or to apply, eligible individuals are encouraged to visit the Division of Military and Naval Affairs website (above).
A New Bill before the State Assembly that will benefit many
of our disabled veterans.
of our disabled veterans.
Bill A.2965-A (Pheffer- Amato)/S.2058 (Addabbo) will amend the real property law and establish a tax exemption for veterans with a 100% service-connected disability. Please contact your Assembly person and Senator to have them support and vote YES for this bill, which would benefit many of our members and veterans across the state. This is important, if you are also a member of the VFW, you will have received an e-mail from Robert Mitchell with a link to contact your Assembly and Senate representatives. If not, you will have to contact them directly. If you have any questions, please contact Tim Smith.
NYS Korean and Vietnam War Commemorative Medals available
The New York State Division of Military and Naval Affairs is now issuing Korean War and Vietnam War commemorative medals approved by the legislature and Gov. Kathy Hochul in 2022.
The legislation, signed by the governor prior to Veterans Day in 2022, establishes the New York State Vietnam War Commemorative Medal and the New York State Korean War Commemorative Medal.
The medals are not for wear on a uniform but were designed and authorized as a way for the legislature to thank veterans of these wars for their service.
The law made the Division of Military and Naval Affairs responsible for designing and distributing the medals.
“On behalf of the legislature and Gov. Kathy Hochul, we at the Division of Military and Naval Affairs are proud to be able to play a role in recognizing the military service of those who fought in Korea and Vietnam,” said Major General Ray Shields, the Adjutant General of New York.
Veterans can apply for the medals online by going to the Division of Military and Naval Affairs website at https://dmna.ny.gov/awards/. Applicants can use an online firm to request the medals, or they can print out and mail in an application form.
Applicants must be New York State resident now, or have been a New York State resident when they served in Vietnam or Korea, and must provide a digital or paper copy of their Department of Defense Form 214 (DD214) Certificate of Release or Discharge from Active Duty, as proof of military service in Vietnam or Korea.
Family members and other designated individuals can apply on behalf of a veteran. The medal can also be award posthumously.
The New York State Division of Military and Naval Affairs is now issuing Korean War and Vietnam War commemorative medals approved by the legislature and Gov. Kathy Hochul in 2022.
The legislation, signed by the governor prior to Veterans Day in 2022, establishes the New York State Vietnam War Commemorative Medal and the New York State Korean War Commemorative Medal.
The medals are not for wear on a uniform but were designed and authorized as a way for the legislature to thank veterans of these wars for their service.
The law made the Division of Military and Naval Affairs responsible for designing and distributing the medals.
“On behalf of the legislature and Gov. Kathy Hochul, we at the Division of Military and Naval Affairs are proud to be able to play a role in recognizing the military service of those who fought in Korea and Vietnam,” said Major General Ray Shields, the Adjutant General of New York.
Veterans can apply for the medals online by going to the Division of Military and Naval Affairs website at https://dmna.ny.gov/awards/. Applicants can use an online firm to request the medals, or they can print out and mail in an application form.
Applicants must be New York State resident now, or have been a New York State resident when they served in Vietnam or Korea, and must provide a digital or paper copy of their Department of Defense Form 214 (DD214) Certificate of Release or Discharge from Active Duty, as proof of military service in Vietnam or Korea.
Family members and other designated individuals can apply on behalf of a veteran. The medal can also be award posthumously.
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Monroe County American Legion
Monroe County Honor Guard
Monroe County Auxiliary
Monroe County Legion Riders
District/State/National
New York State Legion
New York Legion Magazine
National American Legion
SAL, Detachment of NY
Other Veteran Links
Military Service Records (Request DD214)
vietnamwar50th.com
Compeer of Rochester
Walter Reed research study flier
Sunny Mike Foundation
Veteran Benefits, Financial Resources, and Discounts for Military Families