VA’s New Rule on Medication Reducing Disability Ratings: What Veterans Need to Know

CCK Law: Our Vital Role in Veterans Law

On Tuesday, February 17, 2026, Department of Veterans Affairs (VA) will publish an interim final rule amending 38 C.F.R. § 4.10, the regulation that governs how VA evaluates functional impairment for disability compensation. Countering more than a decade of case law, the new rule could significantly reduce VA ratings when medication or treatment reduces symptoms.

“VA just rewrote the rules on medication and disability ratings,” says Bradley Hennings, Partner at Chisholm Chisholm & Kilpatrick and former Veterans Law Judge at VA.

According to the Federal Register notice, the rule will take immediate effect.

Below, we explain what is changing, why VA says it is making this change, what the significance is of an interim final rule, and what veterans and advocates might want to be thinking about right now.

What Does the New Rule Do?

VA is adding two sentences to 38 C.F.R. § 4.10. The new language states, in substance:

• VA examiners will not estimate or discount improvements to a disability due to medication or treatment, and
• If medication lowers the level of disability, the disability rating will be based on that lowered level.

In plain English: if medication improves a veteran’s symptoms, VA will rate them based on how they function with the medication, not how they would function without it.

That is a significant shift from how courts have interpreted the law over the past thirteen years.

The Background: The “Jones Line” of Cases

To understand why this rule matters, it helps to understand the court decisions VA is responding to.

Jones v. Shinseki (2012)

In Jones v. Shinseki, 26 Vet. App. 56 (2012), the U.S. Court of Appeals for Veterans Claims (Court) held that the Board of Veterans’ Appeals commits legal error when it considers the “ameliorative effects” of medication unless the applicable diagnostic code specifically allows that consideration.

In plain terms: Unless the rating criteria specifically mentioned medication, VA generally could not reduce a rating solely because medication improved symptoms.

McCarroll v. McDonald (2016)

In McCarroll v. McDonald, 28 Vet. App. 267 (2016), the Court refined the analysis and discussed whether VA could “discount” the effects of medication.

The case highlighted how difficult it can be for examiners to determine what a disability would look like without treatment.

Ingram v. Collins (2025)

More recently, and apparently most disturbing to VA, was Ingram v. Collins, 38 Vet. App. 130 (2025). In Ingram, the Court extended the reasoning of Jones to musculoskeletal conditions, and in the course of its rule, required examiners to attempt to determine “baseline severity” without medication.

According to VA’s explanation of its new rule, Ingram could require re-adjudication of more than 350,000 pending claims across approximately 500 diagnostic codes. VA argues that this would be a massive and unwarranted administrative burden.

What Is Unusual About How VA Is Implementing This Rule?

The Office of Information and Regulatory Affairs classified this rule as an economically significant “major rule” under the Congressional Review Act (5 U.S.C. § 804(2)), due to an estimated annual impact exceeding $100 million. Ordinarily, a major rule must be submitted to Congress and the Government Accountability Office and cannot take effect until at least 60 days after submission to Congress, per 5 U.S.C. § 801(a)(3).

But VA has claimed that good cause exists under the provisions of 5 U.S.C. 808(2) to forgo the 60-day delayed effective date and publish this as an interim final rule, meaning:

• It takes effect immediately.
• VA did not provide advance notice and comment before implementation.
• A public comment period will follow publication.

The use of an interim final rule may become an issue in future litigation. If this new rule merely clarifies existing practice, the economic impact should be limited. If it has a nine-figure annual impact, that suggests a substantive policy shift.

What This New Rule Means for Pending and Future Claims

If you are a veteran or advocate pursuing VA disability benefits, here are three practical implications:

1. Baseline Severity Arguments May Be Limited Going Forward

For claims decided on or after February 17, 2026, you may no longer be able to argue that VA must rate you based on your symptoms without medication, under 38 C.F.R. § 4.10 as amended.

For pending claims, the effective date of the rule matters. If your case involves arguments under Jones or Ingram, timing may be critical.

2. The Ingram Appeal Is Still Pending

Ingram is reportedly on appeal to the U.S. Court of Appeals for the Federal Circuit. This rule does not automatically moot that appeal, but it does change the regulatory landscape.

If higher courts address the issue, their decision may affect how this regulation is applied.

3. The Public Comment Period Matters

Because this is an interim final rule, VA must accept and review public comments. Submitting comments creates an administrative record that can become important if the rule is challenged in court.

Veterans, advocates, and organizations should consider whether they wish to weigh in during the comment period.

CCK Law’s Perspective as a Veterans Law Firm

Should Compensation Reflect the Underlying Severity or the Actual Impairment?

There is a legitimate debate here.

On one hand, asking examiners to estimate how severe a condition would be without medication can be speculative, which can lead to inconsistent results, administrative delays, and frustration for veterans. Courts have acknowledged that difficulty.

On the other hand, a rule that automatically rates veterans based on medicated functioning may undercompensate those who depend on continuous treatment to maintain that level of functioning.

For example:

• A veteran whose migraines are controlled only by powerful medication may appear less impaired during examination.
• A veteran whose orthopedic pain is masked by medication may still have functional loss if treatment stops.

The central question becomes: should compensation reflect how a disability presents with treatment, or the underlying severity of the service-connected condition?

This rule proposes that that question be decided in favor of rating based on treated functioning. Many veterans and advocates will have legitimate reasons to disagree.

Should VA Be Able to Implement Its Rule This Way?

VA unquestionably has regulatory authority to amend its own regulations. Courts have acknowledged that authority.

However, when an agency implements an economically significant rule with immediate effect, without prior notice and comment, the situation deserves careful scrutiny.

Frequently Asked Questions

Does this affect all diagnostic codes?

The amendment is to 38 C.F.R. § 4.10, which governs functional impairment broadly. That means the impact could extend across many conditions, not just one body system.

Will VA reduce my current rating?

Not automatically. However, the rule could affect how VA evaluates claims for increased ratings, initial ratings, or future examinations.

Is this rule final?

It is an interim final rule. It is effective February 17, 2026, but remains subject to public comment and potential legal challenge.

What Veterans Can Do Now

• Review the full Federal Register publication carefully.
• If you have a pending claim involving medication effects, consult with an accredited representative or attorney about how timing may affect your case.
• Consider submitting a public comment during the comment period if you believe the rule is legally or practically flawed.
• Stay informed through trusted educational resources, including veterans law firm blogs and video channels that break down regulatory changes in plain English.

Final Thoughts

Regulatory changes like this can reshape how VA evaluates disability claims for years to come. While some may view this amendment as a clarification, others will see it as a substantive change that alters longstanding judicial protections.

The most important thing for veterans, advocates, and lawmakers is to understand how the rule works, how it applies to their specific circumstances, and what options remain available.

If you have questions about how this rule may affect your case, seek individualized advice from a VA-accredited advocate or attorney.