 The Non Commissioned Officers Association (NCOA) has formally submitted a Statement for the Record to Congressional leadership expressing strong opposition to the Department of Veterans Affairs’ Interim Final Rule titled “Evaluative Rating: Impact of Medication” (RIN 2900-AS49). The rule, issued by the Department of Veterans Affairs, allows disability evaluations to consider the effects of medication when determining compensation levels for service-connected conditions. NCOA believes this approach is fundamentally flawed and inconsistent with the purpose of disability compensation. What the Rule Does The Interim Final Rule permits disability ratings to reflect symptom suppression achieved through medication rather than the underlying service-connected injury or trauma. In practical terms, this means a Veteran whose symptoms are partially managed through medication could potentially receive a lower disability rating than one who is untreated, even though the underlying injury remains unchanged. NCOA maintains that medication manages symptoms. It does not erase the injury, reverse neurological damage, repair joints, or undo psychological trauma sustained in service. Our Position Veterans enter service whole. Any lasting physical or psychological degradation at separation is service-connected loss. Disability compensation exists to recognize and offset that loss. Medication is introduced after injury. It does not restore a Veteran to pre-service condition. Treating medication use as evidence of reduced disability conflates management with recovery. Disability compensation must reflect the injury itself, not how effectively symptoms are masked. Why This Rule Raises Serious Concerns NCOA’s formal submission outlines several critical concerns: 1. It Penalizes Treatment Compliance Veterans should never feel pressure to avoid medication out of fear that symptom improvement could reduce compensation. 2. It Misrepresents Disability Service-connected disability reflects long-term injury and functional impact, not temporary symptom presentation. 3. It Undermines Trust The VA system is intended to be non-adversarial and Veteran-centric. Policies that appear to reduce compensation based on treatment erode confidence in that system. 4. It Bypasses Proper Rulemaking Process Under the Administrative Procedure Act, Interim Final Rules may bypass traditional notice-and-comment procedures only under narrow circumstances. NCOA has raised concerns that those standards were not met. The Association has urged Congress to exercise oversight authority and call for full rescission of the rule pending proper notice-and-comment rulemaking. NCOA is submitting its position to leadership of both the House and Senate Veterans’ Affairs Committees and will participate in the upcoming Joint House and Senate Veterans Service Organization Hearing. We are also working alongside fellow Veterans Service Organizations to host a comprehensive disability compensation reform conference in mid-March. That effort will focus on transparent, evidence-driven recommendations that:
The Interim Final Rule is currently on the public record. Veterans and stakeholders can review the rule and submit public comments through the Federal Register while the comment period remains open. Access the rule here: https://www.federalregister.gov/documents/2026/02/17/2026-03068/evaluative-rating-impact-of-medication NCOs have always been leaders in accountability and standards. Those same qualities matter in civic life. Silence leaves decisions to others. Participation ensures perspectives are heard. NCOA remains committed to working constructively with Congress and the Department of Veterans Affairs to ensure that disability compensation policy honors the full cost borne by those who served. Comments are closed.
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