CORPUS CHRISTI, Texas \u2014 A new Department of Veterans Affairs rule changing how disability ratings account for medication is drawing concern from some veterans and local advocates, including officials in Corpus Christi who are urging former service members to closely review the change.<\/p>\n
The interim final rule, issued Feb. 17, amends section 4.10 of the VA\u2019s Schedule for Rating Disabilities and instructs examiners to evaluate disabilities based on a veteran\u2019s \u201cactual\u201d level of impairment, including the effects of medication or treatment.<\/p>\n
The rule directly responds to a 2025 decision by the U.S. Court of Appeals for Veterans Claims in Ingram v. Collins, which held that for certain conditions, the VA must estimate how severe a disability would be without medication if the relevant diagnostic code does not explicitly address treatment.<\/p>\n
VA officials say the court\u2019s ruling would require examiners to speculate about how a veteran might function without treatment, an approach the agency argues contradicts longstanding policy.<\/p>\n
Under the revised regulation, medical examiners \u201cwill not estimate or discount improvements\u201d due to medication. If treatment lowers the level of disability, the rating will reflect that lowered level.<\/p>\n
The VA said the change was necessary to prevent widespread disruption. According to the agency, applying the Ingram decision broadly could affect more than 500 diagnostic codes and require re-adjudication of over 350,000 pending claims. Officials also cited administrative burden and potential systemwide delays.<\/p>\n
The rule took effect immediately, with the VA invoking a \u201cgood cause\u201d exception under the Administrative Procedure Act. Public comments are being accepted through April 20.<\/p>\n
Local veterans officer urges awareness<\/p>\n
In Corpus Christi, J.J. De La Cerda, the Nueces County Veterans Services Officer, alerted veterans to the change in a post to a local Veterans Round Table Facebook group.<\/p>\n
\u201cVeterans, your disability ratings may be at risk,\u201d De La Cerda wrote, encouraging former service members to inform themselves and consider submitting public comments before the deadline.<\/p>\n
In his explanation, De La Cerda summarized the rule in plain terms: if medication controls symptoms, a disability rating will reflect the medicated condition, not what the disability might look like without treatment.<\/p>\n
He emphasized that existing ratings are not automatically reopened because of the regulation. Veterans whose ratings have been in place for five, 10 or 20 years may have protections under longstanding VA stabilization rules, and those over age 55 are generally exempt from routine reexaminations.<\/p>\n
However, De La Cerda noted the rule will apply immediately to new claims, pending claims, requests for increased ratings and scheduled reexaminations where improvement is anticipated.<\/p>\n
\u201cThe most important thing you can do is stay informed, document your condition thoroughly, and make your voice heard through the public comment process,\u201d he wrote.<\/p>\n
Click here to see the full post.<\/a><\/p>\n Veterans express concern<\/p>\n An anonymous service-connected veteran from Corpus Christi also contacted Kris 6 News. The veteran submitted formal objections to the VA and wrote to President Donald Trump, requesting federal review.<\/p>\n In written comments shared with the newsroom, the veteran argued the policy creates what they described as a \u201cno-win situation.\u201d<\/p>\n \u201cIf veterans take their medications, symptoms appear improved during a compensation exam, resulting in lower ratings,\u201d the veteran wrote. \u201cIf veterans delay or skip medication due to refill delays or side effects, they may be labeled noncompliant.\u201d<\/p>\n The veteran contends the rule could affect individuals with asthma, hypertension, mental health disorders, sleep apnea, chronic pain, autoimmune diseases and other conditions where treatment improves function.<\/p>\n VA response<\/p>\n Kris 6 News forwarded the veteran\u2019s concerns to the VA for comment. In a written statement, VA Press Secretary Pete Kasperowicz defended the change.<\/p>\n \u201cThis regulation simply formalizes VA\u2019s longstanding practice of determining disability ratings based on Veterans\u2019 service-related disabilities and any medications they are taking to treat those disabilities,\u201d Kasperowicz said. \u201cVA has been determining disability ratings this way since 1958.\u201d<\/p>\n VA officials have described the rule as a clarification rather than a policy shift, arguing that disability compensation is intended to reflect the impairment a veteran is actually experiencing in daily life, not a hypothetical untreated condition.<\/p>\n The Office of Information and Regulatory Affairs classified the action as a \u201cmajor rule,\u201d meaning it is expected to have an annual economic impact of $100 million or more. Despite that designation, the VA made the regulation effective upon publication, citing the risk of delays in benefits if implementation were postponed.<\/p>\n For the latest local news updates, click here<\/a>, or download the KRIS 6 News App. <\/a><\/p>\n