On Veterans Day, the U.S. House passed a bill that would change how VA rates two of the most common service-connected conditions. Sleep apnea treated with a CPAP machine would no longer automatically qualify for a 50% rating, and tinnitus would mostly lose its standalone 10% rating. The bill isn’t law yet. But if you have either condition and haven’t filed, or have a claim pending, the next few months matter.
What the Bill Would Change
The Take Care of America’s Veterans Act, H.R. 9237, is a large package of more than 60 provisions. Many of them expand benefits, including concurrent receipt for combat-injured retirees under the Major Richard Star Act. To help pay for those expansions, Section 108 rewrites the rating criteria for sleep apnea and tinnitus.
Sleep apnea. Today, sleep apnea that requires a CPAP or other breathing device is rated 50%. Under the bill:
- 0% if you have no symptoms, whether or not you’re being treated.
- 10% if treatment provides only partial relief.
- 50% only if treatment is ineffective, or if another medical condition prevents you from using normally effective treatment.
- 100% only with end-organ damage.
In practice, a veteran whose CPAP works could drop from a 50% rating under the current schedule to 0% under the new one.
Tinnitus. Recurrent tinnitus currently earns a separate 10% rating that combines with your other conditions. The bill would eliminate that standalone rating, keeping a 10% rating only when tinnitus is tied to service-connected hearing loss that would otherwise be rated at 0%.
Who Would Be Affected
If you’re already rated for sleep apnea or tinnitus, the bill states that compensation in effect the day before enactment won’t be reduced because of these changes.
The bigger concern is timing. As passed by the House, the new criteria would apply to claims filed on or after October 1, 2026, which is a date that has already passed. A claim filed today could still be decided under the new rules if the bill becomes law in its current form. The Senate may change that date, or the provision may be removed. Veterans groups including DAV and VFW oppose Section 108, and it is the main reason the bill has stalled in the past.
What Veterans Should Do Now
Nothing changes until the Senate acts and the President signs. You can still put yourself in the best position:
- Find out when your claim was filed. If you submitted a claim or an intent to file before October 1, 2026, those dates may matter. Keep copies of every receipt and confirmation.
- Don’t let a pending claim or appeal lapse. If you receive a denial, continuing your claim within one year generally preserves your original filing date. A new claim filed later may fall under the new criteria.
- File an intent to file if you haven’t. It costs nothing, locks in a potential effective date, and protects you if the Senate moves the applicability date.
- Build evidence that fits both rule sets. For sleep apnea, document whether your treatment actually controls your symptoms and whether any other condition makes CPAP hard to use. For tinnitus, make sure any related hearing loss is evaluated and service-connected.
- Think before you ask for an increase. Critics of the bill warn that any new claim can lead VA to review existing ratings. A request for more benefits should be planned, not filed on impulse.
Why One Rating Matters So Much
Because VA combines ratings rather than adding them, losing a 10% tinnitus rating or a 50% sleep apnea rating can change your overall percentage, your monthly payment, and your eligibility for dependent benefits. Like any rating, that difference compounds year after year, because every cost-of-living increase multiplies the rating you have. We explain how that works in our article on what the 2027 VA COLA means for your disability check.
Protect Your Claim Before the Rules Change
The outcome in the Senate is uncertain, but the cost of waiting is not. Whether you’re filing a new claim, keeping an appeal alive, or protecting a rating you already have, the decisions you make now can determine which rules apply to you.
Coskrey Law represents veterans in VA disability claims and appeals, including cases before the Board of Veterans’ Appeals. We work on a contingency fee basis, so you don’t pay for our legal services unless you obtain a benefit.
Contact Coskrey Law today to have your sleep apnea or tinnitus claim reviewed before Congress decides.