Transgender Veterans take legal action against VA for delayed transition surgeries

Transgender veterans are taking legal action against the Department of Veteran Affairs (VA) for long delays in gender-transition surgeries. The Transgender American Veterans Association (TAVA) is filing a lawsuit against the VA, alleging that the department's failure to provide timely access to gender-affirming surgeries is putting lives at risk. The lawsuit, expected to be filed imminently, comes more than two years after the Biden administration initially indicated the VA's intention to cover gender transition surgeries.

Promise Unfulfilled

The frustration and urgency surrounding this issue are palpable. Bekky Eshler, the president of TAVA, expressed deep concern, stating, "What am I supposed to tell my transgender veterans that are trying to commit suicide because they can't see themselves in their body?" Eshler emphasized that the transgender community needs the support promised by the VA, lamenting the impact of unmet commitments.

Delays in Policy Implementation

The VA's announcement in June 2021, following President Biden's decision to lift the ban on transgender Americans serving openly in the military, initiated the formal rulemaking process for the change. VA Secretary Denis McDonough promised that the process would take approximately two years. However, the timeline for finalizing coverage rules has not been released, leaving transgender veterans in limbo.

Warning Signs Ignored

The TAVA had previously cautioned the VA about potential legal action if the department did not take steps to approve the procedures. TAVA also called on the agency to address a 2016 petition filed under the Administrative Procedure Act, emphasizing the necessity for timely responses to such petitions. Despite receiving a response from the VA a month later, TAVA remains unsatisfied with the progress.

Consequences for Veterans

Transgender veterans have been grappling with the mental and emotional toll of awaiting surgery. Natalie Kastner, a transgender veteran, expressed the gravity of the situation, saying, "They are letting us die. They are letting us needlessly die." Kastner's harrowing statement underscores the life-and-death stakes at play and the urgent need for the VA to fulfill its commitments to provide essential care for transgender veterans.

VA's Response and Veteran Concerns

The VA currently offers some transgender care for veterans, including hormone therapy, mental health care, pre- and post-operative care, voice coaching, and medically necessary prosthetics. In response to the impending litigation, VA spokesperson Terrence Hayes affirmed the agency's dedication to providing care and benefits for transgender veterans. However, concerns persist among transgender veterans regarding the potential impact of the upcoming presidential election on finalizing these critical changes.

The emotional and physical well-being of transgender veterans is at the heart of this legal dispute. As the legal action moves forward, the transgender community awaits a resolution that will determine the access to vital gender-affirming surgeries that can significantly impact their lives.