The Department of Veterans Affairs has issued a proposed interim final rule addressing how adjudicators may consider the ameliorative effects of medication when assigning disability ratings. The proposal appears to respond directly to the Court’s decision in Ingram v. McDonough and related precedent. Because this issue affects how a wide range of service-connected conditions are evaluated, the rule has the potential to significantly impact veterans with pending and future claims. Our firm is actively monitoring this development and will be submitting formal comments during the rulemaking period.
Many veterans rely on medication to manage serious symptoms of their service-connected disabilities. The recurring legal question has been whether VA may deny a higher rating based on symptom improvement from medication when the applicable diagnostic code does not expressly reference medication. In Ingram, the Court reinforced the principle that VA cannot assume a condition is less severe simply because medication reduces symptoms unless the rating criteria specifically contemplate such improvement. This reasoning follows earlier precedent, including Jones v. Shinseki, which held that VA may not deny a higher rating based on medication effects unless the diagnostic code explicitly allows that consideration.
As drafted, the proposed rule is concerning because it appears to expand VA’s authority to rely on medication-controlled symptoms even where the rating criteria are silent. That approach is detrimental to veterans. Medication does not cure most service-connected disabilities. It manages symptoms. Without medication, many veterans would experience substantial occupational and functional impairment. If adjudicators are permitted to evaluate conditions only as they appear while pharmacologically suppressed, the result could be systematically lower disability ratings that do not accurately reflect the condition’s underlying severity. This risks undermining the purpose of the rating schedule and diminishing the compensation veterans have earned through their service.
However, veterans should not panic. On February 19, 2026, the Secretary of Veterans Affairs, Doug Collins, publicly stated that VA would halt enforcement of the rule. That announcement is significant. While the rule remains part of the ongoing regulatory process, VA has indicated that it will not actively enforce the change at this time. This pause provides important reassurance to veterans with pending claims and appeals.
We are continuing to evaluate the proposed rule, including whether it is consistent with statutory authority under 38 U.S.C. § 1155 and longstanding judicial precedent. Our firm intends to submit a formal public comment addressing the legal and practical concerns raised by this proposal. We remain committed to ensuring that regulatory changes do not erode protections recognized by the courts or unfairly reduce benefits for veterans who depend on continuous medication to function.
At this stage, the rule is not being enforced, and veterans do not need to take immediate action solely because of this proposal. Claims should continue to be developed with thorough documentation of symptoms and functional impairment. We will provide further updates as the regulatory process unfolds and will continue advocating to protect veterans’ rights before the Department of Veterans Affairs and the courts.
Binder and Watson Law Group also keeps with its commitment of vigorously representing our veteran clients, and their family members, in the Courts. If we can be of assistance with your struggle to obtain benefits from the VA, contact Binder and Watson Law Group at (813) 537-6060 for a case review. “You fought for your Country, let Binder and Watson fight for you.”
To all who have served, and to the families who serve alongside them, thank you. Binder and Watson Law Group recognizes, values, and deeply appreciates your service.