The Department of Veterans Affairs (also known as the VA) is facing a public backlash after it published a new rule that would dramatically cut back on the disability ratings of many veterans. This, in turn, could significantly impact what benefits they could access. The VA has said it will not enforce the rule, but it currently remains on the books and could be enforced at any time.
Understanding the New Rule
The new rule, which was published on February 17, changes how the VA assesses a veteran’s disabilities when determining their disability rating. Rather than simply looking at their service-related disabilities and seeing how severe they are, they will now also factor in how medical treatment impacts that disability. In other words, if their disability can be adequately managed by medical treatment or medication, it will be treated as less severe than it otherwise would be.
The Rule Faces Public Criticism
This rule faced immediate criticism from veterans and their families, as well as veteran advocacy groups, due to how it would impact their disability ratings. In effect, it would punish veterans who are able to successfully treat their disabilities by cutting down the benefits they would be entitled to. Not only would this be a significant financial burden for disabled veterans, it could also discourage some veterans from seeking treatment for their medical problems.
VA Pledges Not to Enforce, For Now
Given the backlash that the new rule has faced, VA Secretary Doug Collins has publicly pledged that they will not enforce it for the time being. However, it remains in place for now, and the VA could begin enforcing it at any time. Thus, rather than reassuring veterans and their families, this has created a legally nebulous area that has done little except increase anxiety and uncertainty for those who may be affected.
Potential Impact on Veterans
If the rule is implemented as written, many veterans could see their disability ratings cut, or even lose their disability benefits entirely. That is why it is important to speak to a lawyer with experience handling veterans disability matters. They can help you explore your legal options if your disability rating is cut, and ensure you get the benefits you are rightly entitled to.
The attorneys of Sullivan & Kehoe place a special focus on assisting disabled veterans. Our veterans’ disability lawyers are still available for remote consultation on your legal issues. Call our office at (800) 395-7830 to schedule a consultation in our New York City, Garden City, Kings Park, Riverhead, or White Plains office, or visit our contact page.
