On Thursday, a group of transgender veterans filed a lawsuit against the Department of Veteran Affairs, seeking to compel the department to begin offering and funding gender-affirming therapies.
Rebekka Eshler, the president of the Transgender American Veterans Association, stated that the lawsuit’s goal is to enforce the VA’s inclusion of language in its regulations that commits to providing these services.
She argued that these procedures are crucial for reducing the risk of suicide, depression, and emotional distress among trans people experiencing gender dysphoria.
The lawsuit, filed in the United States Court of Appeals for the Federal Circuit in Washington, argues that offering these services through the VA would mean transgender veterans wouldn’t have to seek costly care through private doctors.
The Department of Veterans Affairs spokesperson declined to comment on ongoing legal matters but referred to statements made in 2021 by Veterans Affairs Secretary Denis McDonough. McDonough had mentioned that the VA was initiating a year-long rulemaking process potentially leading to gender-affirming surgeries and developing the capacity to meet the medical needs of transgender veterans.
He suggested that the initiative would allow transgender veterans to undergo the complete gender confirmation process with the VA’s support.
The original petition for this rule change was submitted by the veterans in May 2016. Since then, the VA has conducted hearings and drafted several proposed rules for cost-benefit analysis. However, the group claims the VA has not yet updated its regulations or provided coverage for these surgeries, despite currently offering hormone therapy and other services to trans veterans in certain areas.
Eshler mentioned receiving calls from veterans struggling with suicidal thoughts due to the lack of necessary care.
Natalie Kastner, a 39-year-old disabled veteran from Texas, shared her experience of seeking surgery at the VA in 2022. She recounted attempting self-castration with a weapon when her request was denied by doctors, leading to a life-threatening situation.
Kastner expressed that her intention wasn’t to end her life but to heal herself, raising concerns about how many others might have been in similar desperate situations and mistakenly labeled as suicides.
Eshler hopes the lawsuit will help standardize the treatment provided to transgender veterans, as she noted variations in care across different states and VA clinics.
The lawsuit mandates the VA to address the 2016 petition within 30 days.
