Veterans Disability Client Alert | July 27, 2026
Current status: H.R. 9237, the Take Care of America’s Veterans Act, has not become law. After the House considered the bill on July 16, 2026, further proceedings were postponed without a final vote on passage. VA continues to decide sleep apnea and tinnitus claims under the current rating schedule.
Veterans have heard warnings for years that the Department of Veterans Affairs may change how it rates sleep apnea and tinnitus. That possibility is again receiving national attention because Congress is considering legislation that would place substantial changes directly into federal law.
H.R. 9237, the Take Care of America’s Veterans Act, is a large veterans package combining more than 60 bills and policy provisions. Many provisions would expand or improve benefits, health care, survivor protections, claim processing, and other services. Section 108, however, would significantly narrow the rating criteria for two common service-connected disabilities: sleep apnea and tinnitus.
The most important point is that nothing has changed yet. The bill is pending, its text may change, and it would have to pass both chambers of Congress and be signed by the President before becoming law. Nevertheless, veterans with legitimate sleep apnea or tinnitus claims should not treat the proposal as irrelevant. Under the bill’s present language, the new criteria would apply to claims filed after enactment. The date a claim is filed could therefore determine whether VA applies today’s criteria or substantially less favorable criteria.
Veterans who already have diagnosed sleep apnea, use a prescribed CPAP or similar device, experience recurrent tinnitus, or previously received a denial should consider reviewing their claims now. That does not mean filing an inaccurate or unsupported claim. It means avoiding unnecessary delay when a valid claim or appeal already exists.
The Short Answer
If H.R. 9237 became law in its current form:
- A prescription for a CPAP or another breathing-assistance device would no longer, by itself, support a 50 percent sleep apnea rating for a newly filed claim.
- Sleep apnea controlled by treatment could receive a 0 percent rating if it is asymptomatic, while incomplete relief from treatment could support a 10 percent rating.
- A 50 percent sleep apnea rating would generally require ineffective treatment or an inability to use the prescribed treatment because of a qualifying comorbid condition.
- Tinnitus generally could no longer receive its own separate compensable rating, subject to a limited exception involving service-connected hearing loss that would otherwise be noncompensable.
- The new criteria would apply only to claims filed after enactment.
- The bill expressly states that the new criteria could not be used to reduce or otherwise adversely affect compensation already in effect before enactment.
These are proposals—not current VA law.
The proposal nevertheless creates a legitimate reason to act promptly. A veteran who already has a supportable claim should not assume there will be time to begin collecting evidence only after Congress acts.
What H.R. 9237 Would Do
Congress introduced H.R. 9237 on June 10, 2026. The package includes the Major Richard Star Act, survivor-benefit changes, provisions addressing VA health care and community care, reforms involving disability examinations and appeals, and other veterans initiatives. The House and Senate Veterans’ Affairs Committee leadership described the package as a way to combine numerous bipartisan veterans measures and fund them in part through anticipated savings from revised sleep apnea and tinnitus ratings.
That funding mechanism has produced substantial disagreement. Supporters characterize the rating changes as a modernization of criteria proposed by VA in 2022 and point to the significant benefits that the overall legislation would provide. Opponents contend that Congress should not pay for new veterans programs by reducing the compensation available to future claimants with other service-connected disabilities.
Whatever one’s view of that policy choice, the language affecting disability compensation is consequential. It would not merely direct VA to study possible changes. Section 108 of the bill would require VA to revise the rating schedule for sleep apnea and tinnitus.
How VA Rates Sleep Apnea Today
Under the current version of 38 C.F.R. § 4.97, Diagnostic Code 6847, VA generally rates sleep apnea as follows:
- 0 percent: The veteran has documented sleep-disordered breathing but is asymptomatic.
- 30 percent: The condition causes persistent daytime hypersomnolence.
- 50 percent: The condition requires a breathing-assistance device, such as a continuous positive airway pressure, or CPAP, machine.
- 100 percent: The condition causes chronic respiratory failure with carbon dioxide retention or cor pulmonale, or requires a tracheostomy.
The current 50 percent criterion is especially important because it is based on the medical need for a breathing-assistance device. A veteran does not automatically establish service connection merely by having a sleep apnea diagnosis or CPAP prescription. The veteran must still establish that the disability is connected to military service, whether directly, secondarily, or through another legally recognized theory. Once service connection is established, however, the requirement for a CPAP or similar device ordinarily determines the 50 percent evaluation under the present schedule.
How the Bill Would Change Sleep Apnea Ratings
H.R. 9237 would replace the current treatment-based structure with a results-based structure. The proposed criteria would be:
- 0 percent: Sleep apnea is asymptomatic, with or without treatment.
- 10 percent: Treatment provides incomplete relief.
- 50 percent: Treatment is ineffective, or the veteran cannot use the prescribed treatment because a qualifying comorbid condition directly prevents or impedes its use, and there is no end-organ damage.
- 100 percent: The veteran has end-organ damage.
The practical difference is substantial. Under the proposed language, the use of a CPAP would no longer independently establish entitlement to 50 percent. A veteran whose symptoms are controlled by treatment could receive a noncompensable rating. A veteran who receives only incomplete relief could receive 10 percent rather than the 50 percent that the current schedule may provide based on the need for the device.
The bill would also replace the current 30 percent level with a 10 percent level and would alter the medical criteria for the 100 percent rating. Because terms such as “incomplete relief,” “ineffective,” and “end-organ damage” could generate factual and medical disputes, implementation would likely require careful regulatory guidance, examination instructions, and adjudication standards.
How VA Rates Tinnitus Today
Under the current version of 38 C.F.R. § 4.87, Diagnostic Code 6260, recurrent tinnitus generally receives a 10 percent rating. VA assigns only one 10 percent evaluation whether tinnitus is perceived in one ear, both ears, or in the head.
Tinnitus and hearing loss are related but legally distinct disabilities under the current schedule. A veteran may receive a 10 percent tinnitus rating even when audiometric testing does not establish compensable hearing loss.
How the Bill Would Change Tinnitus Ratings
Section 108 would generally prohibit a separate compensable rating for tinnitus. It provides a limited exception under which VA would assign 10 percent when tinnitus is diagnosed as associated with service-connected hearing loss that would otherwise be noncompensable.
This could have several practical effects for future claims. Some veterans could still establish service connection for tinnitus but receive a 0 percent evaluation. Others could qualify for the limited 10 percent exception. Because a 10 percent rating can also affect a veteran’s combined evaluation, access to certain ancillary benefits, and future claims involving related conditions, the effect would not necessarily be limited to the current monthly value of a single 10 percent award.
Would Current Sleep Apnea or Tinnitus Ratings Be Reduced?
Not under the bill’s current language merely because of the new criteria.
Section 108 contains an express protection for existing compensation. It states that the revisions may not be used as the basis for “reducing, discontinuing, or otherwise adversely affecting” compensation in effect on the day before enactment. The proposed revisions would apply to claims filed after the law’s enactment.
That protection is important, but it should not be misunderstood. VA may already propose a reduction under existing law when it believes the evidence shows material improvement, an earlier rating was erroneous, or another lawful basis exists. H.R. 9237’s protection would prevent the new schedule itself from becoming the basis for an adverse change; it would not eliminate all existing reduction procedures.
If VA proposes to reduce an established rating, the veteran should carefully review the notice and applicable deadlines. The procedural and evidentiary rules governing a reduction are different from those governing an ordinary claim for an increased rating.
Why Filing Before Enactment Could Matter
Although H.R. 9237 is not law, veterans with legitimate sleep apnea or tinnitus claims should not necessarily wait to see what Congress does. Section 108(c) states that the proposed criteria would apply to claims filed after enactment. If that language became law without material change, a claim properly filed before enactment should not become subject to the new criteria merely because VA decides it later.
The difference could be substantial. Under the current schedule, service-connected sleep apnea requiring a CPAP or similar breathing-assistance device may qualify for a 50 percent rating. Under the proposal, successful treatment could result in a 0 percent rating, while treatment providing incomplete relief could support only 10 percent. Tinnitus currently may receive a separate 10 percent evaluation, but the proposal would generally eliminate that separate compensable rating for future claims, subject to a limited exception.
For veterans who already have a diagnosed condition and a reasonable theory connecting it to service, filing promptly may preserve access to today’s rating criteria. Prompt action may also protect an earlier effective date. Delaying a valid claim can cost months of potential benefits even if H.R. 9237 never becomes law.
An intent to file may preserve a potential effective date if the veteran submits the required complete claim within the applicable period. See 38 C.F.R. § 3.155(b). An intent to file, however, is not itself a complete claim, and H.R. 9237 uses the phrase “claims filed.” A veteran concerned about the proposed transition should not assume that an intent to file provides the same certainty as submitting the appropriate complete claim. A complete claim filed before enactment would ordinarily present the stronger position under the bill’s current language.
Prior denials require particular care. Depending on the date and posture of the decision, the appropriate filing may be a supplemental claim, higher-level review, or Board appeal. Those options have different evidentiary rules, and waiting more than one year after a decision may sacrifice continuous pursuit and an earlier effective date. The firm’s guide to navigating the VA disability claim and appeal process explains the principal review options.
Legislation can change before passage, and VA’s implementation could produce disputes about what constitutes the operative claim and filing date. No one should submit an inaccurate or unsupported claim solely because a bill is pending. But a veteran who already has a legitimate basis for benefits should not postpone action merely because enactment is uncertain.
H.R. 9237 Has Not Passed
The House adopted a rule governing consideration of H.R. 9237 in July. On July 16, 2026, a motion to recommit failed by a vote of 210 to 211, and the House then postponed further proceedings without completing final passage. As of July 27, 2026, H.R. 9237 remains pending and none of Section 108’s proposed rating changes is in effect.
Even if the House later passes the bill, the Senate must also approve legislation and the President must sign it before it becomes law. The House and Senate could amend the package, remove Section 108, alter its protections, or change its effective-date language during that process.
For that reason, statements that “VA has eliminated the 50 percent CPAP rating” or “VA no longer pays for tinnitus” are incorrect. The current rating schedule remains controlling.
What Veterans Should Do Now
Veterans should respond with prompt preparation rather than panic.
First, determine whether a legitimate claim already exists. A diagnosis alone does not prove service connection. The evidence must generally establish a current disability, an in-service event, injury, disease, or exposure, and a connection between the two. Sleep apnea may also be claimed as secondary to another service-connected disability when the medical and legal evidence supports that theory. Veterans can review the firm’s general explanation of service-connected VA disability.
Second, gather the evidence now. Sleep studies, CPAP prescriptions, treatment records, audiograms, service treatment records, military occupational evidence, medical opinions, and competent statements describing the onset and continuity of symptoms may all be important. Veterans who lack copies of their records should not wait until after a legislative change to begin requesting them.
Third, review prior decisions and deadlines. A veteran whose claim was denied, whose rating was too low, or whose effective date was incorrect may already have a deadline running. In many cases, selecting an available review option within one year is important to preserving continuous pursuit and a possible earlier effective date.
Fourth, if the evidence supports a claim, consider filing the appropriate complete claim before any enactment. The present bill treats pre-enactment and post-enactment claims differently. Filing before a change could affect both the applicable rating criteria and the potential effective date.
Finally, continue medically appropriate treatment. A veteran should not stop using a CPAP, alter treatment, or risk personal health in an attempt to affect a disability evaluation. The claim should accurately describe the condition, prescribed treatment, and the extent to which treatment does or does not relieve symptoms.
Individual timing and procedural questions may warrant advice from a VA-accredited representative. The existence of proposed legislation does not eliminate the evidence required to prove service connection, but it does make unnecessary delay more consequential.
The Firm Has Followed These Proposed Changes Since 2022
The firm previously discussed VA’s 2022 proposed changes to VA disability ratings, including the potential effect on sleep apnea. H.R. 9237 is a new and important development because Congress is now considering whether to codify substantially similar sleep apnea and tinnitus criteria as part of a broader legislative package.
The basic advice remains the same: distinguish a proposal from binding law, understand which veterans would be affected, preserve legitimate filing and appeal rights, and evaluate each claim based on its own evidence. What is different now is the potential transition rule. Because Congress is considering applying the new criteria to claims filed after enactment, a veteran with an existing, supportable claim has a concrete reason to review it promptly.
Frequently Asked Questions
Has the 50 Percent VA Rating for Sleep Apnea Been Eliminated?
No. Under the current rating schedule, sleep apnea requiring a CPAP or similar breathing-assistance device may still qualify for a 50 percent evaluation after service connection is established. H.R. 9237 proposes different criteria, but it is not law.
Is VA Eliminating the 10 Percent Tinnitus Rating?
Not at present. Recurrent tinnitus remains rated at 10 percent under the current schedule. The pending bill would generally eliminate a separate compensable tinnitus rating for future claims, subject to a limited exception involving service-connected, noncompensable hearing loss.
Would H.R. 9237 Reduce an Existing Rating?
The bill expressly provides that its new criteria could not be used to reduce, discontinue, or otherwise adversely affect compensation already in effect before enactment. Other existing laws governing rating reductions would remain relevant.
Should a Veteran File a Claim Immediately?
A veteran with a legitimate claim should promptly consider applicable filing and effective-date rules, especially because the bill’s current text would apply its new criteria to claims filed after enactment. A complete claim filed before enactment would ordinarily provide a stronger position than relying only on an intent to file.
The claim should still be accurate and supported by the best available evidence. Individualized advice may be important because an original claim, increased-rating claim, supplemental claim, higher-level review, and Board appeal do not necessarily present the same legal issues.
When Will Congress Decide the Bill?
There is no guaranteed date. The House did not complete final passage before postponing further action in July 2026. The bill may return, change, advance through both chambers, or fail to become law.
Do Not Wait Until the Rules Change to Review a Legitimate Claim
No one knows whether H.R. 9237 will become law in its present form. Congress may amend the bill, remove Section 108, change the transition language, or decline to enact the legislation. What is clear is that the present text distinguishes between claims filed before and after enactment.
Veterans who may have valid sleep apnea or tinnitus claims should use this period to obtain their records, identify relevant service and exposure evidence, review prior VA decisions, and determine whether a complete claim or appropriate appeal should be filed. Waiting until after a change in the law could affect which rating criteria apply. Waiting can also affect the potential effective date even if Congress never passes the bill.
The Law Firm of Douglas G. Jackson, P.A. represents veterans in VA disability matters throughout the United States. If VA denied your sleep apnea or tinnitus claim, assigned an incorrect rating or effective date, or issued a proposed reduction, contact our office or call 1-800-704-6045 to discuss the decision and the available next steps.
This article provides general information as of July 27, 2026, and is not legal advice. Legislation may change after publication. The outcome of any VA disability matter depends on its facts, evidence, procedural history, and filing deadlines. Reading this article or contacting the firm does not create an attorney-client relationship.
