Veteran Sues VA Over Health Care Ban for Transgender Veterans

[Lori Dee]

Veteran Sues VA Over Health Care Ban for Transgender Veterans
Link to Full Article
Yale Law School - June 9, 2025

On June 9, Ms. Jane Doe, an Army veteran who served honorably for 11 years, filed suit in the Court of Appeals for Veterans Claims against the Department of Veterans Affairs (VA) over its abrupt cancellation of health care coverage for transgender and intersex veterans. The lawsuit alleges that the termination of health care for disabled veterans violates federal antidiscrimination statutes and the Constitution.

The petition asks the court to declare VA's discriminatory health care ban unlawful and enjoin its application to Doe and other transgender veterans with gender dysphoria.

"This is discrimination, plain and simple," said Donovan Bendana '25, a member of the clinic. "By abruptly and arbitrarily cancelling health care coverage for transgender veterans, the VA is violating the Constitution and federal laws."

On March 17, VA Secretary Doug Collins rescinded the long-standing VA policy first implemented in 2018 that provided coverage for hormone replacement therapy for transgender veterans like Doe.

Josie Caballero, vice president of the Transgender American Veterans Association (TAVA). "Transition related health care is health care, and the VA cannot pick and choose who gets that care."

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The fight for rights continues. We don't see it in the "news" because media outlets are almost exclusively owned by the wealthy, and we know what side of politics they are on.

[Lori Dee]

UPDATE: June 27, 2025

VA to Resume Health Care Coverage for Transgender Veteran in Clinic Case
Link to Update Article
Yale Law School

On June 23, the U.S. Department of Veterans Affairs (VA) acknowledged it had erred in denying C.M., a transgender U.S. Army veteran, coverage for medically necessary hormone replacement therapy and provided her medication. On the same day, C.M. moved to dismiss the federal civil rights lawsuit she had filed against VA.

Browning said that the VA should examine similar decisions affecting veterans like C.M.

"It should not require a federal lawsuit for VA to fulfill its obligation to provide health care for veterans injured during service," said Browning. "We are grateful for VA's prompt course correction, but its error underscores the arbitrary and discriminatory nature of its new policy. The agency should reassess any decisions terminating or denying gender-affirming care for other transgender veterans."

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What concerns me about this is that the initial suit was intended to block the discriminatory practices against all transgender veterans. Once the VA agreed to give her what she wanted for herself, she dropped the lawsuit... leaving all other veterans to fend for themselves.

[Robbyv213]

Wow... Did the article ever say if they were grand fathered in like you and me, or if they were in the beginning process of trying to receive care?

[Lori Dee]

Not specifically. When facing the lawsuit, the VA decided they had made a mistake in her case. I interpret that to mean they knew they would lose the lawsuit. So to avoid a deluge of similar suits and a court order for the VA to stop blocking healthcare, they made a deal. They offered her the care she was seeking (HRT) and, in exchange, she agreed to drop the lawsuit.

The "mistake" the VA made could very well have been a grandfather clause. Because she was on HRT while in the service. The policy was that it would continue when she separated. However, VA policy is that "new" patients are not eligible for gender affirming care, and so denied her hormone medication coverage.