NVLSP Achieves Major Victory For All Veterans Using Medication To Treat Musculoskeletal Disabilities: VA Cannot Award A Lower Rating For Those Disabilities Based On Any Ameliorative Medication Effects
FOR IMMEDIATE RELEASE: April 6, 2026
ARLINGTON- On March 30, 2026, the U.S. Court of Appeals for the Federal Circuit dismissed Ingram v. Collins, Docket 25-1972, following the U.S. Department of Justice’s (DOJ) and the Secretary of the Veterans Affairs’ (Secretary) decision to abandon the appeal. This dismissal concludes a long and hard-fought legal battle over whether the VA can use the ameliorative effects of medication to award veterans a lower disability rating for musculoskeletal disabilities than they would otherwise be awarded without discounting those effects. Now, based on the ruling in the U.S. Court of Appeals for Veterans Claims (CAVC) in Ingram v. Collins, the answer is a resounding no.
NVLSP represented Mr. Carlton Ingram, an Army veteran, before the CAVC in his challenge to a Board of Veterans’ Appeals decision that denied him a higher rating for his service connected back and ankle disabilities. NVLSP argued that Mr. Ingram’s disability should be rated based on how severe his condition is without medication, which the VA examiner had not done.
On March 12, 2025, the CAVC agreed with Mr. Ingram and reaffirmed its longstanding and firmly rooted case law that, unless the VA’s own rating schedule says otherwise, the VA must not give a lower disability rating to a veteran because they take medication that helps treat their condition. The Court also rejected the Secretary’s arguments that the rating criteria for musculoskeletal disabilities already contemplated the worst-case scenario, and therefore VA did not need to discount the beneficial effects of medications when rating those disabilities.
The government appealed to the U.S. Court of Appeals for the Federal Circuit and sought to overturn not only the CAVC’s Ingram decision, but also the earlier cases that had established the rule that VA cannot give a lower disability rating to a veteran who takes medication to help alleviate the effects of their disability.
While the Federal Circuit appeal was pending, on February 17, 2026, the VA issued an Interim Final Rule (IFR), that would immediately amend the VA rating schedule “to correct judicial interpretations that VA has concluded misconstrue the role of medication and treatment in evaluating functional impairment.” The IFR would have had the potential to reduce disability benefits for millions of disabled veterans who take medications to treat their service-connected disabilities and possibly discourage veterans from receiving proper treatment for those disabilities because of fear of losing their earned benefits. This controversial IFR was met with swift and unprecedented criticism from veterans and their advocates. In response, the Secretary quickly assured stakeholders that the IFR would not be enforced, and formally rescinded the IFR on February 27, 2026.
However, despite the rescission, the government continued the Ingram appeal that precipitated the IFR until it agreed to voluntarily dismiss the appeal. With the Federal Circuit entering the dismissal, Ingram is now the law of the land.
“We applaud Secretary Collins for putting veterans first by withdrawing the IFR and now the Federal Circuit appeal, and allowing the CAVC decision in Ingram to stand as the rule of law,” said NVLSP Executive Director Paul Wright.
About NVLSP
The National Veterans Legal Services Program (NVLSP) is an independent, nonprofit veterans service organization that has served active-duty military personnel and veterans since 1981. NVLSP strives to ensure that our nation honors its commitment to its 18 million veterans and active-duty personnel by ensuring they have the benefits they have earned through their service to our country. NVLSP has represented veterans in lawsuits that compelled enforcement of the law where the VA or other military services denied benefits to veterans in violation of the law. NVLSP’s success in these lawsuits has resulted in more than $7.2 billion dollars being awarded in disability, death and medical benefits to hundreds of thousands of veterans and their survivors. NVLSP offers training for attorneys and other advocates; connects veterans and active-duty personnel with pro bono legal help when seeking disability benefits; publishes the nation’s definitive guide on veteran benefits; and represents and litigates for veterans and their families before the VA, military discharge review agencies and federal courts. For more information, go to nvlsp.org.
Media contact:
Patty Briotta, 202-621-5698, patty@nvlsp.org