If you use a CPAP and rely on your 50% VA rating for sleep apnea, that rating may be harder to obtain under the rules that the VA is currently actively working to finalize. The same applies to your standalone tinnitus rating. Neither of these changes has taken effect yet, but the window for applying under current rules will not remain open indefinitely.
The Changes Are Proposed, Not Final – But That Could Shift Soon
The VA first published proposed updates to its Schedule for Rating Disabilities (VASRD) on February 15, 2022. Those proposals covered respiratory conditions, auditory conditions (including sleep apnea and tinnitus), and mental health disorders. Four years later, no final rule had been published in the Federal Register.
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Most legal observers and veteran’s advocates expect the VA to finalize these changes by late 2026, with a 60-day implementation window once the final rule is published. Any claims filed before or during this window can be evaluated according to whichever criteria is more favorable for the veteran.
What the Proposed Changes Would Mean for Sleep Apnea
Right now, veterans who require a CPAP machine to treat their sleep apnea generally qualify for a 50% disability rating under 38 C.F.R. Part 4. That rating reflects the need for a breathing device – not whether symptoms are actually controlled.
The proposed rules would completely eliminate this approach. Under the new framework, the VA will evaluate sleep apnea based on how well the treatment controls symptoms, rather than what type of treatment is used. The Federal Register states that the stated goal is to align ratings more closely with the purpose of the rating scale, which is to provide assessments based on average impairment of earning capacity.
In practical terms, this means:
- 0% if sleep apnea is asymptomatic, with or without treatment.
- 10% if treatment provides only partial relief.
- Higher ratings only for veterans with persistent, documented symptoms, despite treatment.
- The current 30% rating category would be eliminated completely.
What the Proposed Changes Would Mean for Tinnitus
Tinnitus – persistent ringing, buzzing or hissing in the ears – is the most commonly claimed disability by veterans. Currently, it is compensated as an individual condition under Diagnostic Code 6260, which has a flat 10% rating for recurring tinnitus.
The proposed rules would completely delete Diagnostic Code 6260. The VA’s position is that tinnitus is a symptom, not a disease. Under the new framework, tinnitus will only be compensated as part of another diagnosed condition – such as hearing loss, vestibular disorders, or traumatic brain injury – through the diagnostic code for that underlying condition.
What this means in practice: veterans with a standalone tinnitus claim without an associated compensable condition are likely to receive nothing. Veterans with documented hearing loss may still be eligible for some compensation, but the process is more difficult and the outcome is less predictable.
Veterans with Existing Ratings Are Protected – With One Important Caveat
The VA has stated that veterans currently receiving compensation will not have their ratings reduced under the proposed changes. Existing awards are grandfathered in, but that protection does not extend to previously denied claimants who refile after implementation.
The caveat: If you request an increase in your rating after the new rules take effect, your entire claim could be re-evaluated under the new criteria. Filing for an increase is not risk-free once the rules change.
Three Things Veterans Should Do Before These Rules Finalize
You don’t have to wait to see what the Veterans Affairs (VA) does. There are some concrete steps you can take right now:
- If you haven’t already, file for sleep apnea or tinnitus. Veterans who haven’t yet filed under the current criteria can do so, which offers significantly more generous pathways to compensation.
- Thoroughly document your symptoms. Whether you file before or after the rules change, a strong Nexus letter and detailed medical records will be the foundation of a successful claim.
- Understand secondary connections. Sleep apnea can be secondary to PTSD, weight gain from service-related medications, or other service-connected conditions. Including these connections in your claim may matter more than the rating criteria itself.
The Clock Is Running
These changes are not final. However, once a final rule has been published, there will only be a 60-day window before the new criteria become active. Veterans who wait until then to act may not have enough time to file according to current rules.
At Tabak Law, we have helped over 40,000 clients fight for the benefits they deserve. If you have any questions about how the proposed changes may affect your VA claim for sleep apnea or tinnitus, or if you want to start the process before the new rules take effect, please contact us for a free consultation today.
