VA Disability Ratings and Medication: What the February 2026 Rule Change Means for Your Claim

There has been a significant new regulation issued by the Department of Veterans Affairs that may impact your disability claim. At Berry Law, our job is to ensure you understand what this means for you and how we’re fighting to protect your rights.

What Has Changed?

On February 17, 2026, the VA implemented an interim final rule that fundamentally changes how disability ratings are evaluated when veterans take medication. Previously, under the Jones v. Shinseki and McCarroll v. McDonald court decisions, the VA was required to consider what your disability would look like without the beneficial effects of medication when the diagnostic code didn’t specifically mention medication.

The new regulation reverses this. Now, VA examiners must evaluate your disability based on your current medicated state—meaning they will rate you based on how well your medication controls your symptoms, not on the underlying severity of your condition.

How This May Affect Your Claim

If you take medication that helps manage your service-connected disability, this regulation could result in:

• Lower disability ratings because your symptoms appear less severe while medicated
• Potential reductions to existing ratings if the VA re-evaluates your condition
• Impact on over 500 diagnostic codes across all body systems

This is particularly concerning because it means veterans who successfully manage their conditions with medication may be penalized with lower compensation, even though they still have the same underlying disability.

Understanding the VA’s Reduction Process

If the VA proposes to reduce your disability rating, you have important protections:

Standard Reduction Process:

• The VA must provide you with 60 days advance notice before reducing your rating
• You have the right to submit additional evidence during this period
• The reduction cannot take effect until the notice period expires
• You can request a hearing to contest the proposed reduction

Protected Ratings:

• If your rating has been in place for 20 years or more, it generally cannot be reduced except in cases of fraud
• Ratings in effect for 10 years or more cannot be severed (disconnected from service)

Permanent and Total (P&T) Protections: If you have been designated as Permanent and Total (P&T), you have additional safeguards:

• Your rating is considered permanent, meaning the VA has determined your condition is unlikely to improve
• P&T ratings are more difficult for the VA to reduce and require substantial evidence of improvement
• You retain access to additional benefits like CHAMPVA for dependents, exemption from future examinations, and eligibility for other programs
• The VA must show sustained improvement in your condition to justify a reduction

However, even P&T ratings can be subject to review under certain circumstances, which is why this new regulation is concerning.

Berry Law Is Fighting Alongside You

We want you to know: Berry Law will not give up this fight.

We are actively monitoring the legal challenges to this regulation and are prepared to advocate vigorously on your behalf. This regulation contradicts years of legal precedent that protected veterans like you, and we believe it undermines the fundamental principle that veterans should be fairly compensated for their service-connected disabilities.

What We’re Doing:

• Closely tracking all legal challenges and appeals related to this regulation
• Preparing strategies to protect your current ratings and fight any proposed reductions
• Submitting comprehensive evidence and arguments in your case to demonstrate the true severity of your condition
• Standing ready to appeal any adverse decisions resulting from this policy change

What You Should Do:

• Do not stop taking your prescribed medications—your health comes first
• Keep detailed records of your symptoms, including any breakthrough symptoms despite medication
• Document side effects from your medications
• Attend all VA examinations and be honest about your limitations
• Contact us immediately if you receive any notice of a proposed rating reduction

We’re In This Together

At Berry Law, we have always fought for veterans’ rights, and this situation is no different. We understand the sacrifices you made in service to our country, and we are committed to ensuring you receive every benefit you’ve earned. This regulation may change the battlefield, but it doesn’t change our mission or our dedication to you.

If you have any questions or concerns about how this regulation may affect your specific claim, please don’t hesitate to contact our office. We are here for you.

Thank you for your service, and thank you for trusting Berry Law with your claim.