Veteran Sues VA Over Health Care Ban for Transgender Veterans

On June 9, Ms. Jane Doe, an Army veteran who served honorably for 11 years, filed suit in the Court of Appeals for Veterans Claims against the Department of Veterans Affairs (VA) over its abrupt cancellation of health care coverage for transgender and intersex veterans. The lawsuit alleges that the termination of health care for disabled veterans violates federal antidiscrimination statutes and the Constitution.

The Veterans Legal Services Clinic at Yale Law School is representing Doe in her lawsuit against the VA. The petition asks the court to declare VA’s discriminatory health care ban unlawful and enjoin its application to Doe and other transgender veterans with gender dysphoria.

“This is discrimination, plain and simple,” said Donovan Bendana ’25, a member of the clinic. “By abruptly and arbitrarily cancelling health care coverage for transgender veterans, the VA is violating the Constitution and federal laws.”

Doe, a transgender woman, was diagnosed with gender dysphoria in 2017 while serving in the Army National Guard, following honorable service on active duty in the U.S. Army. Since then, and in consultation with her medical providers, she has been continuously prescribed hormone replacement therapy, which allowed her to continue serving her country effectively for another seven years. 

On March 17, VA Secretary Doug Collins rescinded the long-standing VA policy first implemented in 2018 that provided coverage for hormone replacement therapy for transgender veterans like Doe.

“When I separated from the Guard earlier this year with a 100% service-connected disability rating, my understanding was that VA would fulfill its obligation of providing medical care similar to my care while in service,” said Doe. “Instead, as a veteran, I am now subject to less coverage for medically necessary medication. Due to service-connected disabilities, I am unable to work or pay for the medication myself. Without coverage through the VA, I am out of options. I cannot understand why the VA is turning its back on veterans.” 

The lawsuit was filed days after the June 6 deadline for transgender service members to voluntarily separate from the military.

“As we stand in the wake of thousands of trans service members being removed from active duty, we must ensure that the VA holds to its promise to provide complete health care to our veterans,” said Josie Caballero, vice president of the Transgender American Veterans Association (TAVA). “Transition related health care is health care, and the VA cannot pick and choose who gets that care.” 

“As veterans, we stood shoulder to shoulder to defend this nation, regardless of our backgrounds, beliefs, or gender identities. The Department of Veterans Affairs has a sacred duty to uphold that same promise of equality in the health care it provides,” said Alleria Stanley, board member of TAVA and a retired Army veteran. “To deny any veteran comprehensive and affirming care based on who they are is not just discriminatory; it’s a betrayal of the very principles we swore to protect. Transgender veterans have earned their health care, just like every other veteran, and TAVA will continue to fight until the VA truly lives up to its motto of serving all who have borne the battle, without exception and without prejudice."

The Veterans Legal Services Clinic is part of the Jerome N. Frank Legal Services Organization at Yale Law School.

“Ms. Doe is fighting back, not just for herself, but for the thousands of other transgender veterans who now find themselves labeled as second-class citizens by the very system meant to care for them,” said Bendana, who worked on the filing for the clinic. “Our client is demanding what she — and all veterans who faithfully served — have earned: medically necessary care, equal treatment under the law, and respect for their service.”