Proposed rating changes · official sources
By Veterans Benefits AI · Published · Updated
Two proposals would change how VA rates tinnitus and sleep apnea. One is Section 108 of a bill in Congress. The other is a VA rule that is not final. Neither one is in effect today, and both protect ratings already in place.
This page shows today's rules, what each proposal says, and what it means if you are filing now.
Last reviewed October 25, 2026.
Status last checked October 25, 2026.
Tinnitus: Diagnostic Code 6260 in 38 CFR 4.87 lists one rating, 10%, for recurrent tinnitus. VA gives a single 10% rating whether the sound is in one ear, both ears, or the head.
Sleep apnea: Diagnostic Code 6847 in 38 CFR 4.97 lists four levels.
| Rating | Today's rule, word for word |
|---|---|
| 100% | Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or; requires tracheostomy |
| 50% | Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine |
| 30% | Persistent day-time hypersomnolence |
| 0% | Asymptomatic but with documented sleep disorder breathing |
H.R. 9237 and S. 4744 are the House and Senate bills named the Take Care of America’s Veterans Act. Both were introduced on June 10, 2026. Section 108 of each bill would tell VA to change its rating schedule for sleep apnea and tinnitus. The Section 108 text is the same in both bills.
| Condition | Today (38 CFR Part 4) | Section 108 (proposed) |
|---|---|---|
| Sleep apnea, 0% | No symptoms, with a documented sleep breathing disorder | No symptoms, with or without treatment |
| Sleep apnea, 10% | No 10% level | Treatment gives only partial relief |
| Sleep apnea, 30% | Ongoing daytime sleepiness | No 30% level |
| Sleep apnea, 50% | Requires a breathing device such as CPAP | Treatment does not work, or other health problems keep you from using it, and no end-organ damage |
| Sleep apnea, 100% | Chronic respiratory failure with carbon dioxide retention, cor pulmonale, or a tracheostomy | Treatment does not work or can't be used, and there is also end-organ damage |
| Tinnitus | 10%, one rating (DC 6260) | No separate paid rating, except 10% when tinnitus is tied to service-connected hearing loss that does not qualify for pay on its own |
End-organ damage means harm to an organ, such as the heart, caused by the condition.
Status: not law. A bill becomes law only after both the House and the Senate pass it and it is signed into law.
House: On July 16, 2026, the House debated H.R. 9237 for one hour. A motion to recommit failed, 210 to 211 (Roll no. 249). The Chair then announced that further proceedings on H.R. 9237 were postponed. No vote on passing the bill is listed.
Senate: S. 4744 was placed on the Senate Legislative Calendar on June 11, 2026 (Calendar No. 433). No later Senate action is listed.
On February 15, 2022, VA published a proposed rule at 87 FR 8474. It would update the rating rules for ear, nose, throat, hearing, and breathing conditions. The government tracks it as RIN 2900-AQ72.
Both proposals come with words that protect ratings already in place. Here they are, word for word.
Protection of existing ratings.--The revisions to the schedule for rating disabilities made pursuant to this section may not serve as the basis for reducing, discontinuing, or otherwise adversely affecting compensation that was in effect on the day before the date of the enactment of this Act.
However, in no event shall such a readjustment in the rating schedule cause a veteran's disability rating in effect on the effective date of the readjustment to be reduced unless an improvement in the veteran's disability is shown to have occurred.
In plain words: a change to the rating schedule can't, by itself, lower a rating you already have. When VA proposed its rule in 2022, it said: "No change to a Veteran’s current rating would occur due to these proposed changes."
VA can still re-examine a condition under its usual rules. Section 1155 lets VA lower a rating when an improvement in the condition is shown. The protections above are about changes to the rating schedule itself.
Neither proposal is in effect. Claims VA decides today use the current rules on eCFR.
Section 108 says its changes "shall apply with respect to claims filed after the date of the enactment of this Act." If it became law, claims filed after that date would use the new rules.
VA's 2022 analysis says its tinnitus change "would only apply to new claimants or those seeking an increased evaluation of already-service-connected tinnitus."
Under any set of rules, VA decides from the records in your file. Good next steps are to gather your records, read today's rules for your condition, and make sure your papers speak to them.
You may see large dollar figures about these changes. They come from VA's own 2022 Regulatory Impact Analysis for its proposed rule. They do not come from the Congressional Budget Office (CBO).
These are VA's 2022 estimates for its own rule. They are not a cost estimate for Section 108. As of October 25, 2026, Congress.gov lists no CBO cost estimate for H.R. 9237.
Not as of October 25, 2026. Both changes are proposals. VA rates claims under the current rules in 38 CFR Part 4.
No. On July 16, 2026, the House postponed further proceedings on H.R. 9237. S. 4744 has been on the Senate calendar since June 11, 2026.
Section 108(c)(2) and 38 U.S.C. 1155 both protect ratings in effect from being lowered because of a schedule change. VA can still lower a rating under its usual rules when an improvement is shown.
From VA's 2022 Regulatory Impact Analysis for its proposed rule, covering fiscal years 2022 through 2031. It is not a CBO estimate.
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