On Thursday, a group of transgender soldiers sued the Department of Veterans Affairs in an effort to compel it to start offering and funding gender-affirming surgeries. Rebekka Eshler, chairman of the Transgender American Veterans Association, stated that the lawsuit aims to force the VA to include in its regulations the linguistic guarantees it has made about starting to offer these services.
Eshler argued that these procedures are essential to reduce the risk of suicide, despair, and emotional distress in transgender individuals suffering from gender dysphoria. The association’s petition, filed in the United States Court of Appeals for the Federal Circuit in Washington, contends that this move would also relieve soldiers from having to pay for prohibitively expensive private medical care.
The Department of Veterans Affairs’ spokesperson stated that they do not comment on ongoing legal disputes. However, he referred to statements made in 2021 by Veteran Affairs Secretary Denis McDonough, who mentioned that the VA was initiating a year-long rulemaking process potentially leading to gender-affirming surgeries. McDonough indicated that this period would be used to “develop capacity to meet the medical needs” of transgender soldiers, enabling them to go through the full gender confirmation process with VA support.
The group’s initial petition for this change was submitted in May 2016. Since then, the VA has held hearings and developed several proposed guidelines for cost-benefit analysis. Despite currently providing hormone therapy and other services to trans veterans in some locations, the group alleges that the VA has not swiftly altered its rules or provided coverage for the surgeries.
Eshler highlighted the urgency of the situation, noting, “I get phone calls from veterans that are so in crisis that they want to go kill themselves.”
Natalie Kastner, a 39-year-old disabled veteran from Texas, shared her experience of seeking operation at the VA in 2022. After her request was denied by local doctors, she attempted self-castration with a blade and nearly died from hitting an artery, but doctors managed to save her life.
Eshler hopes that the lawsuit will bring uniformity to the treatment of transgender veterans, which she says varies from state to state and clinic to clinic.
The VA is legally required to respond to the 2016 complaint within 30 days.
