Legislation Watch · Updated July 8, 2026
Are VA Tinnitus and Sleep Apnea Benefits Going Away in 2026?
Social media is telling veterans that tinnitus compensation is being eliminated and that the sleep apnea changes are “imminent” — already law and about to take effect. Neither is true: it’s a bill, not law. Here’s exactly what Section 108 says — and one thing you can still do.
Bottom line
As of July 8, 2026, the Take Care of America’s Veterans Act is a proposed bill — not law — and VA tinnitus and sleep apnea benefits have not changed.
Section 108 would change how tinnitus and sleep apnea are rated — but only for claims filed after it becomes law, and the bill expressly protects ratings veterans already hold.
If you’ve been sitting on a tinnitus or sleep apnea claim, today’s rules still apply to a claim you file now. That window is real — and it’s the reason to act instead of wait.
Last updated July 8, 2026. This is fast-moving legislation — we revise this page as the bill advances. See the status tracker below for where it stands now.
Legally reviewed by Todd Wesche, VA-accredited attorney, as of July 8, 2026. · Version 20260708.v1
- Introduced in Congress
- On the Senate calendar / in House committee
- Floor vote in the Senate or House
- Passed by both chambers
- Signed into law by the President
What is the Take Care of America’s Veterans Act?
In June 2026, the chairmen of the Senate and House Veterans’ Affairs Committees introduced a roughly 600-page package bundling more than 60 veterans’ bills. Its centerpiece is the Major Richard Star Act, which would let certain combat-disabled medical retirees draw retirement pay and VA disability compensation at the same time. To pay for it, the package includes an offset — Section 108 — which rewrites part of the VA Schedule for Rating Disabilities (VASRD) for two of the most common service-connected conditions: sleep apnea and tinnitus.
Are VA tinnitus and sleep apnea benefits going away? The claims vs. the facts
⚠ Claim circulating
“Tinnitus is being removed from VA compensation — it’s already gone.”
✓ What’s true
It’s a bill, not law. Recurrent tinnitus is still rated 10% today, and any change would apply only to claims filed after enactment — existing ratings are protected.
⚠ Claim circulating
“Sleep apnea benefits are being eliminated.”
✓ What’s true
No. Sleep apnea that requires a CPAP is still generally rated 50% today under DC 6847. Section 108 would move sleep apnea to a tiered 0/10/50/100 schedule — but only for claims filed after enactment, and existing ratings are protected.
⚠ Claim circulating
“It’s too late to file — the window has closed.”
✓ What’s true
The opposite is true. Today’s rules apply to a claim you file today, and any change would apply only to claims filed after the bill becomes law. Filing now keeps your claim under the current schedule.
What Section 108 would actually change for tinnitus and sleep apnea
Sleep apnea
Current rule: 38 CFR 4.97, Diagnostic Code 6847 (verbatim). Proposed: Section 108 tiers (future claims only).
| Rating | Current law — DC 6847 | Proposed — Section 108 |
|---|---|---|
| 100% | “Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or; requires tracheostomy” | End-organ damage from sleep apnea |
| 50% | “Requires use of breathing assistance device such as continuous positive airway pressure (CPAP) machine” | Only if treatment is ineffective, or the veteran cannot use it due to a comorbid condition, AND there is no end-organ damage |
| 30% | “Persistent day-time hypersomnolence” | — no 30% tier — |
| 10% | — no 10% tier — | Treatment yields incomplete relief |
| 0% | “Asymptomatic but with documented sleep disorder breathing” | Asymptomatic with or without treatment |
Today, sleep apnea requiring a CPAP is generally rated 50%. Under Section 108, using a CPAP would no longer, by itself, equal 50%.
Tinnitus
Current rule: 38 CFR 4.87, Diagnostic Code 6260 (verbatim). Proposed: Section 108 (verbatim).
| Rating | Current law — DC 6260 (verbatim) | Proposed — Section 108 (verbatim) |
|---|---|---|
| 10% | “Tinnitus, recurrent” | “A grade of disability of 10 percent shall be assigned for tinnitus only when tinnitus is diagnosed as associated with service-connected (as defined in section 101(16) of title 38, United States Code) hearing loss that is otherwise noncompensable under the laws administered by the Secretary.” |
| Not separately compensable | — no such tier; recurrent tinnitus is compensable at 10% on its own — | “Except as provided in paragraph (2), tinnitus may not be assigned a separate compensable disability rating.” |
38 CFR 4.87, DC 6260 — notes (verbatim)
Note (1): A separate evaluation for tinnitus may be combined with an evaluation under diagnostic codes 6100, 6200, 6204, or other diagnostic code, except when tinnitus supports an evaluation under one of those diagnostic codes.
Note (2): Assign only a single evaluation for recurrent tinnitus, whether the sound is perceived in one ear, both ears, or in the head.
Note (3): Do not evaluate objective tinnitus (in which the sound is audible to other people and has a definable cause that may or may not be pathologic) under this diagnostic code, but evaluate it as part of any underlying condition causing it.
(Authority: 38 U.S.C. 1155)
Does the bill affect existing VA ratings?
No. Section 108 states its changes may not be used to reduce, discontinue, or otherwise adversely affect compensation in effect the day before enactment. An existing rating is protected by the text of the bill. What it does not do is freeze your situation forever: a new claim filed after a change took effect would be evaluated under the new schedule.
Why are these cuts in the bill? The Major Richard Star Act offset
The cuts are an offset. Congress paired benefits people want — chiefly the Major Richard Star Act — with reductions in future spending to cover the cost. A VA analysis cited by veterans’ organizations estimates the tinnitus and sleep apnea changes would reduce future compensation by roughly $57 billion over ten years and could affect up to 1.5 million future claimants.
Do veterans’ groups support it? (VFW, DAV, American Legion)
Many of the same organizations that fought for the PACT Act are lining up against this offset. The VFW, DAV, and IAVA oppose the bill as drafted; the DAV has called the offset a “poison pill.” The American Legion supports the overall package as the best available path forward. That divide is one reason passage is not certain.
On June 24, 2026, a coalition of nine veterans’ service and advocacy organizations — including the VFW, DAV, Iraq and Afghanistan Veterans of America, the National Veterans Legal Services Program, and the National Organization of Veterans’ Advocates — sent a joint letter to the leaders of the Senate and House Veterans’ Affairs Committees opposing this funding mechanism. They argue the rating schedule should reflect medical evidence and functional impairment, not serve as a budget offset, and warn that rewriting disability ratings by statute to generate savings would set a precedent for future cuts. The coalition also notes the VA never finalized the related earlier proposals — which drew more than 2,600 public comments — and that a VA spokesman recently said no changes are “planned or imminent.” They urge a “clean” Major Richard Star Act that delivers full concurrent receipt without reducing future veterans’ benefits.
Should you file a VA claim now?
Despite what the ads say, nothing is “going away” today — the rating schedule for tinnitus and sleep apnea is unchanged, and any future change would apply only to claims filed after enactment. A claim you file now is evaluated under the rules that exist now. If your tinnitus or sleep apnea is connected to your service and you don’t yet have a claim in, this is the moment to get it filed correctly — the first time. This is general information, not advice about your specific claim; a VA-accredited representative can tell you how today’s rules apply to your situation.
Get your claim reviewed by an accredited team
Vetus Legal is a veteran-owned, VA-accredited firm that works exclusively on VA disability compensation, serving veterans nationwide. We’ll look at your tinnitus or sleep apnea claim, tell you straight where it stands, and help you file under today’s rules.
Attorney advertising. General legal information, not legal advice; no attorney-client relationship is created. Every claim is different; no outcome is guaranteed.
Frequently asked questions
Has the Take Care of America’s Veterans Act become law?
No. As of July 8, 2026 it is a bill. S. 4744 was placed on the Senate Legislative Calendar (No. 433) on June 11, 2026, and H.R. 9237 was referred to House committees. Neither chamber has voted, and nothing has been signed into law.
Is the VA getting rid of tinnitus compensation?
No. Recurrent tinnitus is still rated 10% under 38 CFR 4.87, Diagnostic Code 6260. The bill would change that only for claims filed after enactment, and even then tinnitus stays compensable at 10% when tied to otherwise-noncompensable service-connected hearing loss.
Will my current VA tinnitus or sleep apnea rating be taken away?
No. The bill says its changes cannot be used to reduce or discontinue compensation that was in effect before enactment. An existing rating is protected by the text of the bill.
What would change for tinnitus if the bill passed?
For claims filed after enactment, tinnitus would no longer get a standalone 10% rating; it could be rated 10% only when associated with service-connected hearing loss that is otherwise noncompensable. It is not eliminated and the change is not retroactive.
Will VA sleep apnea still be rated at 50%?
Today, CPAP-dependent sleep apnea is generally rated 50% under 38 CFR 4.97, Diagnostic Code 6847. For claims filed after enactment, the bill moves sleep apnea to a 0/10/50/100 schedule based on whether treatment works and whether there is end-organ damage — so using a CPAP would no longer, by itself, equal 50%.
What is the Major Richard Star Act?
It would let certain combat-disabled medical retirees receive military retirement pay and VA disability compensation at the same time (concurrent receipt). It is the centerpiece reform in this package — and the tinnitus and sleep apnea changes in Section 108 are the offset used to pay for it.
Why are tinnitus and sleep apnea cuts in a bill meant to help veterans?
The package pairs popular reforms — chiefly the Major Richard Star Act — with an offset to pay for them, and the rating changes are that offset. A VA analysis cited by veterans’ groups estimates roughly $57 billion in reduced future compensation over ten years, affecting up to 1.5 million future claimants.
Are veterans’ groups (VFW, DAV, American Legion) for or against the bill?
It is split. The VFW, DAV, and IAVA oppose the bill as drafted because of the offset; the DAV has called it a poison pill. The American Legion supports the overall package as the best available path forward while acknowledging the offset concerns.
Should I file my VA claim now?
Today the rating schedule is unchanged, and any future changes would apply only to claims filed after enactment, so a claim filed now is evaluated under today’s rules. If you have been putting off a tinnitus or sleep apnea claim, there is a real, time-bounded reason to act. No one can guarantee a particular outcome; speak with a VA-accredited attorney or representative about your situation.
Sources
- Text of S. 4744 / H.R. 9237, Section 108: congress.gov/senate-bill/4744, house-bill/9237.
- Senate status (Calendar No. 433): GovInfo.
- Sleep apnea DC 6847: eCFR 38 CFR 4.97.
- Tinnitus DC 6260: eCFR 38 CFR 4.87.
- VSO positions: vfw.org, dav.org, legion.org.
- Joint letter from veterans’ organizations (DAV, IAVA, Jewish War Veterans, Marine Corps League, NOVA, NVLSP, Reserve Organization of America, VFW, 54kVeterans) to Senate & House Veterans’ Affairs Committee leadership opposing the VASRD offset, June 24, 2026.
