The following communication was released by CAPT Frank J. Michael, USN (Ret), MOAA Senior Director, Affiliated Councils & Chapters, on Friday, Feb 20 at 10:53 am:

Good morning — I'm writing to update you on a VA interim final rule released earlier this week and then promptly rescinded by VA leadership. I ask that you share this with your members through your communications channels. MOAA's official statement in this matter follows.

A new VA rule designed to “clarify existing policy” regarding veteran disability ratings met sharp criticism from veterans and advocates in the hours after its release, leading VA Secretary Doug Collins to announce the department will be “halting enforcement” of the rule immediately.

“MOAA joins others in thanking and applauding Secretary Collins’ decision to halt the implementation of the interim final rule,” MOAA President and CEO Lt. Gen. Brian T. Kelly, USAF (Ret), said after the VA announcement. “We appreciate the secretary’s continued focus on veterans’ concerns and on ensuring veterans receive all benefits they have earned as quickly and conveniently as possible. Veterans should never have to consider whether seeking treatment or taking medications could lead to a reduction in their benefits.”

Veterans’ advocates stated the rule could allow the VA to lower disability ratings (and compensation) for veterans whose conditions are controlled or improved by medication. Such a rule could lead to unintended consequences and may not account for a medication’s side effects or other ways a veteran’s daily life may be impeded by their ailments.

Many also took issue with the VA’s rulemaking process, which did not include the customary notice-and-comment process or meaningful engagement with veterans service organizations and other stakeholders. Although comments were not solicited before the rule was considered final, there reportedly were nearly 9,000 comments on the Federal Register website within 48 hours of the rule’s posting.

“Transparency, clarity, and trust are bedrocks for veterans and are non-negotiable elements in supporting the continuance of the all-volunteer force,” Kelly said.

In a social media post announcing the reversal, Collins said the intent of the rule was “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.

The VA “does not agree with the way this rule has been characterized,” Collins continued, but noted that “the department always takes Veterans’ concerns seriously.”

MOAA looks forward to continuing work alongside the VA to ensure the delivery and maintenance of service-earned benefits, Kelly said.

MOAA will continue to monitor this issue and, as we learn and understand more, will communicate any associated MOAA actions in this matter through our member communications channels.