On Thursday, a group of transgender soldiers sued the Department of Veteran Affairs, seeking 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 enforce the VA’s inclusion of language in its regulations, committing to providing these services.
She emphasized the necessity of these procedures for reducing the risk of suicide, depression, and emotional distress among transgender people with gender dysphoria.
The petition, 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’s director refrained from commenting on ongoing legal matters but referred to 2021 statements by Veterans Affairs Secretary Denis McDonough. McDonough mentioned the VA’s initiation of a year-long rulemaking process potentially leading to the provision of gender-affirming surgeries. McDonough indicated the VA would use this period to develop the capacity to meet the medical needs of transgender veterans.
He suggested that this 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 in crisis, 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. After her request was denied, she attempted self-castration with a razor, leading to a life-threatening situation.
Kastner did not enter the restroom intending 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, noting variations in care across different states and VA clinics.
The lawsuit mandates the VA to address the 2016 petition within 30 days.
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