Expert: 3 'major blows' the Dept. of Veterans Affairs would take under another Trump presidency

01 September 2024

As Donald Trump faces backlash from the US Army following his illegal photo-op in a restricted area of Arlington National Cemetery last week, one veteran is sounding the alarm on how a second Trump presidency could abolish the Department of Veterans Affairs (VA).

In a Sunday, September 1 op-ed published by Rolling Stone, Michael Embrich — a former member of the Secretary of Veterans Affairs’ Advisory Committee on the Readjustment of Veterans, and former congressional staffer — says the VA faces not only a great "legal" challenge, but also "a profound moral and ethical challenge."

Now that the conservative US Supreme Court has overturned the 1984 Chevron doctrine, which "allowed agencies to interpret ambiguous laws within their jurisdiction without constant judicial interference," Embrich writes, "thousands of Veterans Affairs Department rules and regulations are now vulnerable to court challenges, a scenario that could be ignited by a new Trump administration."

Pointing to Trump's "push to expand private health care for veterans through the VA Mission Act" during his presidency — which "sparked significant controversy," the veterans affairs experts adds, "major veterans service organizations saw it as a step toward privatizing the VA."

Embrich notes:

Between October 2023 and April 2024, the number of new patients waiting more than 20 days for primary care dropped by 19 percent, reflecting the VA’s efforts to improve access to timely health care services. Additionally, the number of new patients waiting longer than 20 days for mental health care saw a 9 percent decrease. While these are improvements, they fall far short of what the MISSION Act promised.

While some veterans have complained about "a lack of quality providers in their communities and the VA’s strict rules — such as canceling more than one appointment leading to outright denial of claims," others struggle with providers being "miles from where veterans live," or even out of state.

Embrich writes, "Now, with a Trump-dominated Supreme Court overturning its past 'Chevrondeference,' the VA faces a second major blow to its status as the only public health care system in America," as the ruling "fundamentally alters the way federal agencies operate."

The former member of the Secretary of Veterans Affairs’ Advisory Committee notes:

The Chevron doctrine, established in 1984, allowed agencies to interpret ambiguous laws within their jurisdiction without constant judicial interference. Its removal is far more than a legal technicality — it carries immediate and severe consequences, especially for the millions of veterans who rely on the U.S. Department of Veterans Affairs (VA) for their benefits and health care.

The "final blow to the VA would come if, as the Chevron ruling suggests, the department loses its legal authority to make new rules altogether," Embrich writes. "Given the varying timelines for passing veterans’ legislation — ranging from 50 years for something as comprehensive as the PACT Act to help veterans exposed to toxic chemicals, to months for cost-of-living adjustments — Congress simply wouldn’t be able to draft bills and regulations quickly enough to keep pace with the VA’s daily demands."

Embrich's full op-ed is available at this link (subscription required).

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