News

Yellow folder with label regulatory updates on the shelf.

For Veterans with pending disability claims, a regulation published February 17, 2026, by the U.S. Department of Veterans Affairs (VA) raised significant alarm. The rule would have changed how disability ratings are calculated for Veterans whose symptoms are managed by medication or treatment. Two days later, VA Secretary Doug Collins announced it would not be enforced after widespread opposition from Veterans service organizations (VSOs), individual Veterans, members of Congress, and legal advocates. While the rule is not currently being enforced, it also has not been formally rescinded, leaving its future status uncertain.

Background on VA Disability Ratings

Under the VA’s existing system, disability ratings reflect the severity of a service-connected condition, not how well a Veteran manages it day-to-day. The February 17 rule would have changed that standard for new and pending disability claims: rather than the rating considering the severity of the condition, it would have based ratings on how a Veteran functions while using medication.

For example, a Veteran with post-traumatic stress disorder (PTSD) whose symptoms are controlled by medication would have been rated at a lower disability level than another Veteran with an identical diagnosis and history whose symptoms were uncontrolled.

The VA cited a 2025 court ruling Ingram v. Collins as the justification of the change and used emergency authority to publish it without notice or public comment. [1]

The Response

Veterans and organizations were quick to respond and voice their criticism and concerns for the changes. Disabled American Veterans (DAV) criticized the rule as developed in “a closed and unnecessarily expedited process.”[2] The American Legion stated that “Veterans should not be penalized for complying with treatment.”[3] Advocates flagged particular concern for Veterans with mental health conditions, including scenarios where symptom-based ratings could affect Veterans with suicidal ideation.[4] More than 10,000 public comments arrived within 60 hours of publication.

Who Should Pay Attention

Veterans with established disability ratings are not affected. The rule would have applied only to new and pending claims filed on or after February 17, 2026. The choice to suspend enforcement of the rule means that unsettled and future claims should continue to be evaluated under the prior standard. But because the regulation has not been formally rescinded, many remain concerned about the possibility of future enforcement. The Ingram v. Collins case is still pending before the U.S. Court of Appeals for the Federal Circuit,[5] and advocates have cautioned that the policy goals behind the rule could return through future rulemaking or litigation.[6]

Next Steps for Veterans with Pending Claims

Veterans with pending claims, particularly those involving mental health conditions, pain management, or other conditions where medication treats day-to-day function, should consider the following:

Sources

  1. S. Department of Veterans Affairs. Evaluative rating: Impact of medication. Federal Register. FR Doc. 2026-03068. Published February 17, 2026. https://www.federalregister.gov/documents/2026/02/17/2026-03068/evaluative-rating-impact-of-medication
  2. Disabled American Veterans. DAV statement on VA interim final rule concerning disability ratings and medication. Published February 17, 2026. https://www.dav.org/learn-more/news/2026/dav-statement-on-va-interim-final-rule-concerning-disability-ratings-and-medication/
  3. American Legion. Legion disagrees with new VA rule on medication. Published February 2026. https://www.legion.org/information-center/news/veterans-benefits/2026/february/legion-disagrees-with-new-va-rule-on-medication
  4. Nieberg P, Schogol J. Concern and confusion erupt over new VA disability rule. Task & Purpose. Published February 18, 2026. https://taskandpurpose.com/military-life/veterans-affairs-disability-rule-2026/
  5. New VA rule ties disability ratings to medicated symptoms, drawing fire from Veterans groups. Military.com. Published February 19, 2026. https://www.military.com/benefits/veterans-health-care/new-va-rule-ties-disability-ratings-medicated-symptoms-drawing-fire-veterans-groups.html
  6. VA reverses course on disability rule change; advocates warn it’s not going away. KPBS. Published February 20, 2026. https://www.kpbs.org/news/local/2026/02/20/va-reverses-course-on-disability-rule-change-advocates-warn-its-not-going-away