Withdrawal of Ingram v. Collins Appeal
Withdrawal of Ingram v. Collins Appeal
The Issue
As many know, recently the VA – without allowing notice and comment – changed the rules as to how
Veteran’s disabilities are evaluated. Since the landmark case of Jones v. Shinseki, 26 Vet. App. 56 (2012), VA has been prohibited from rating veterans on how their medications mitigate their disabilities unless the rating schedule specifically contemplated the “ameliorative” effects of medication. This principal continued in McCarrol v. McDonald, 28 Vet. App. 267 (2016) where the VA was once again reminded that they must discount the ameliorative effects of medication unless the rating schedule specifically contemplated those effects.
Since Jones was decided in 2012, meaning VA had over ten (10) years to make any changes to how they rate disabilities, and whether they will consider the effects of medication.
Instead, VA continued to fight clear Court precedent, and again lost in Ingram v. Collins, 38 Vet. App. 130 (2025), where the Court continued to apply the common sense rule established in Jones and reaffirmed in McCarrol.
In response, the VA rushed to implement an interim final rule without the opportunity for notice-and-
comment by the public. As justification, the Secretary states that Ingram created an emergency. Yet that justification falls flat when considering the law has been clear since 2012.
United Veteran's Disability, MilVet Law, Stone Rose Law, and Vietnam Veteran Andrew Laffoon filed suit against the VA regarding this rule. In less than 24 hours, Secretary Collins announced that the rule would be suspended. However, the VA has not officially withdrawn this rule.
Even more troubling is the VA's appeal of the Court's decision in Ingram. The VA has convinced the Department of Justice to appeal the Veteran Court's decision in Ingram to the Federal Circuit, in hopes of overturning what has been long-standing, Veteran friendly, caselaw since 2012.
We are asking you help send a clear message to the VA: Withdrawal the appeal of Ingram. Until then, Veterans are left with uncertainty. Secretary Collins, if you put Veterans first, you will insist the Department of Justice withdrawal the Ingram appeal.
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The Issue
As many know, recently the VA – without allowing notice and comment – changed the rules as to how
Veteran’s disabilities are evaluated. Since the landmark case of Jones v. Shinseki, 26 Vet. App. 56 (2012), VA has been prohibited from rating veterans on how their medications mitigate their disabilities unless the rating schedule specifically contemplated the “ameliorative” effects of medication. This principal continued in McCarrol v. McDonald, 28 Vet. App. 267 (2016) where the VA was once again reminded that they must discount the ameliorative effects of medication unless the rating schedule specifically contemplated those effects.
Since Jones was decided in 2012, meaning VA had over ten (10) years to make any changes to how they rate disabilities, and whether they will consider the effects of medication.
Instead, VA continued to fight clear Court precedent, and again lost in Ingram v. Collins, 38 Vet. App. 130 (2025), where the Court continued to apply the common sense rule established in Jones and reaffirmed in McCarrol.
In response, the VA rushed to implement an interim final rule without the opportunity for notice-and-
comment by the public. As justification, the Secretary states that Ingram created an emergency. Yet that justification falls flat when considering the law has been clear since 2012.
United Veteran's Disability, MilVet Law, Stone Rose Law, and Vietnam Veteran Andrew Laffoon filed suit against the VA regarding this rule. In less than 24 hours, Secretary Collins announced that the rule would be suspended. However, the VA has not officially withdrawn this rule.
Even more troubling is the VA's appeal of the Court's decision in Ingram. The VA has convinced the Department of Justice to appeal the Veteran Court's decision in Ingram to the Federal Circuit, in hopes of overturning what has been long-standing, Veteran friendly, caselaw since 2012.
We are asking you help send a clear message to the VA: Withdrawal the appeal of Ingram. Until then, Veterans are left with uncertainty. Secretary Collins, if you put Veterans first, you will insist the Department of Justice withdrawal the Ingram appeal.
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The Decision Makers
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Petition created on February 22, 2026