Three years after President Joe Biden signed an executive order lifting the military’s restrictions on transgender service members, the United States Department of Veterans Affairs (VA) announced that it would offer gender confirmation surgery. However, this change has not yet occurred, prompting the Transgender American Veterans Association (TAVA) to file a lawsuit against the VA over its inaction.
Rebekka Eshler, president of TAVA, expressed frustration, claiming the Biden administration made promises without follow-through, making transgender soldiers feel like they are being “used for democratic showmanship.”
“We’re filing the lawsuit because we seem to be stuck,” Eshler stated. “Every time we’ve inquired about the change, the answer is always next week or next year. We know it is on the secretary’s desk, but they haven’t given any reasons for the delay. We just want to know why. We want to restore trust.”
The lawsuit requires the VA to respond within 30 days. The VA leadership has not yet responded to requests for comment.
In 2016, TAVA filed a formal complaint requesting that gender-confirmation surgeries be recognized as “medically necessary” and accessible to veterans. Currently, the VA provides other non-surgical gender-affirming services, such as hormone therapy and voice training.
Eshler noted that transgender individuals serve in the military at higher rates than their cisgender counterparts but are less likely to use VA facilities for medical care due to discrimination, stigma, and financial constraints. Only 6.25% of transgender veterans use the VA’s healthcare system, according to Eshler.
“There are stories of the VA mistreating patients, lack of care coordination among facilities, and the absence of a national line where complaints are taken or tracked,” Eshler added.
Texas-based transgender veteran Natalie Kastner shared her experience, highlighting the critical need for gender-confirmation surgery. Facing around $60,000 in out-of-pocket costs and unable to access surgery through the VA, Kastner attempted self-surgery, leading to a life-threatening situation.
Kastner, who served from 2006 to 2008 before being honorably discharged due to a back injury, stressed the importance of providing these surgeries to veterans. “They’re letting us die by not providing these therapies,” Kastner said. “How does that serve those who have served?”
The lawsuit underscores the urgency of providing comprehensive medical care, including gender-confirmation surgeries, to transgender veterans, who face significantly higher suicide risks compared to the general population.
