Section 108 is not law yet. If it passes, the biggest risk is not an automatic cut to every current sleep apnea or tinnitus rating. The bigger issue is what happens to future claims filed after the law takes effect.
That is where the bill text matters. Section 108 says the new rating rules would apply to claims filed after enactment, while also saying those changes cannot be used by themselves to reduce, stop, or otherwise harm compensation already in effect before the law passed.
The Take Care of America's Veterans Act Section 108 would change how the VA rates future sleep apnea and tinnitus claims if it becomes law. The clearest risk is for claims filed after enactment, while the bill text says existing compensation already in effect couldn't be reduced based only on the new rating schedule.
What Is The Take Care Of America’s Veterans Act?
The Take Care of America’s Veterans Act is a broad veterans benefits package that includes the Major Richard Star Act, along with other compensation, survivor, caregiver, health care, education, and VA administration provisions. The part creating the most concern for disability compensation is Section 108.
The Major Richard Star Act piece would address concurrent receipt for certain combat injured Chapter 61 retirees. In plain English, it would help eligible medically retired service members receive military retired pay and VA disability compensation without the same offset that reduces one against the other. The Senate bill text places that provision in Section 101.
That fix has real support. The fight is over the funding tradeoff. Section 108 would narrow future ratings for sleep apnea and tinnitus, which makes this more than a normal veterans package. It is also a VA disability offset in Congress.
What Would The Section 108 VA Disability Changes Do?
The Section 108 VA disability provision would direct VA to revise the rating schedule for sleep apnea and tinnitus. These ideas did not come out of nowhere. VA proposed similar changes in 2022, including rating sleep apnea more heavily on treatment response and treating tinnitus more like a symptom connected to another condition.
The difference is that Section 108 would put the changes into legislation. A VA proposed rule can stall, change, or never become final. A statute would tell VA to make the change.
That distinction matters because current claims are still evaluated under today’s rules. Under current law, sleep apnea requiring a breathing assistance device such as CPAP generally supports 50%, and recurrent tinnitus can receive a single 10% rating under DC 6260.
Section 108 would change that for claims filed after enactment.
How Would Section 108 Change Sleep Apnea Ratings?
Today, a prescribed breathing assistance device is often the difference between a 30% and 50% sleep apnea rating. Under current DC 6847, sleep apnea requiring use of a breathing assistance device such as a CPAP machine supports 50%.
Section 108 would move away from that framework. The question would not stop at whether CPAP was prescribed. The file would need to show what treatment does or does not fix.
| Proposed Rating | What Section 108 Would Require |
|---|---|
| 0% | Sleep apnea is asymptomatic, with or without treatment. |
| 10% | Treatment gives incomplete relief. |
| 50% | Treatment is ineffective, or the veteran can't use prescribed treatment because of a qualifying comorbid condition, with no end organ damage. |
| 100% | Sleep apnea includes end organ damage. |
The biggest change is the 50% rating. CPAP use alone would not carry the rating the same way. A future file would need to show treatment failure, inability to use treatment because of another qualifying medical issue, or serious complications.
Would The Tinnitus Rating Be Eliminated?
Section 108 would eliminate most future standalone compensable tinnitus ratings. That is the accurate way to say it.
Current DC 6260 gives recurrent tinnitus a single 10% rating, whether the sound is perceived in one ear, both ears, or in the head.
Section 108 would change that. The bill says tinnitus generally could not receive a separate compensable disability rating. It would allow 10% only when tinnitus is diagnosed as associated with service connected hearing loss that would otherwise be noncompensable.
So “tinnitus rating eliminated” needs context. Section 108 would eliminate most future standalone tinnitus compensation, but it would leave a narrow 10% path when tinnitus is tied to certain service connected hearing loss.
Who Would Be Most Affected If Section 108 Passed?
The clearest impact would be on future claimants. That includes service members who have not separated yet, veterans who already have sleep apnea or tinnitus but have not filed, and anyone whose claim is filed after the law takes effect.
The bill text says the revised schedule would apply to claims filed after enactment. It also says the revisions may not be used as the basis for reducing, discontinuing, or otherwise adversely affecting compensation that was already in effect the day before enactment.
That means Section 108 should not be described as an automatic reduction for every current sleep apnea or tinnitus rating. The risk is more specific than that.
For already rated veterans, the question is not panic. It is claim posture. A new claim, increased rating request, appeal, or reexamination can still raise separate issues depending on the record and the rules in effect at that time.
What Are The Sleep Apnea And Tinnitus Rating Cuts Worth?
The monthly difference can be significant, but the real impact depends on the full combined rating.
For a veteran alone with no dependents, VA’s 2026 monthly compensation rate is $1,132.90 at 50% and $180.42 at 10%. So a future sleep apnea claim that would be 50% today but 0% under Section 108 would lose $1,132.90 per month at the single condition level. A tinnitus claim that would be 10% today but 0% under the proposed rules would lose $180.42 per month at the single condition level.
| Scenario | Current Framework | Section 108 Framework | Single Condition Difference |
|---|---|---|---|
| Sleep apnea with CPAP that controls symptoms | 50% | Could be 0% | $1,132.90/mo |
| Sleep apnea with incomplete relief from treatment | 50% | 10% | $952.48/mo |
| Sleep apnea with ineffective treatment and no end organ damage | 50% | 50% | No single condition change |
| Sleep apnea with end organ damage | Severe cases may reach 100% | 100% | Depends on current rating |
| Standalone recurrent tinnitus | 10% | Usually 0% | $180.42/mo |
The combined rating effect can be different from the single condition difference because VA does not add ratings like regular math. Losing a 50% sleep apnea rating may not change one veteran’s combined rating at all, but it may drop another veteran down a full combined level.
For example, a veteran with 70%, 50%, 50%, and 30% ratings may round to 100% under VA math. Remove one 50% rating, and that same set of ratings can round to 90%. That is why the sleep apnea tinnitus rating cuts matter beyond the single condition line.
Why Are Veterans Groups Opposing Section 108?
The opposition is not mainly about whether combat injured medical retirees deserve relief. Many veterans groups support the Major Richard Star Act.
The objection is that Section 108 would use future sleep apnea and tinnitus rating changes to help pay for the broader package. The VFW says the bill would offset important provisions by reducing future disability compensation for tinnitus and sleep apnea, while also noting that current disability ratings would be protected.
The American Legion has taken a different position. It supports the broader Take Care of America’s Veterans Act and says the proposed rating changes came from VA’s earlier rating schedule rewrite effort, not from the bill itself. The Legion also argues that, if VA rating schedule savings happen, the bill keeps those savings inside veterans programs instead of sending them back to broader Treasury priorities.
That is the split. One side sees Section 108 as a benefits cut used as an offset. Another side sees the broader bill as a way to move long stalled veterans priorities while keeping projected savings in the veterans system.
What Should You Watch If You Already Have A Rating?
If you already have sleep apnea or tinnitus compensation, start with the protection language. Section 108 says the revised schedule may not be used as the basis for reducing, discontinuing, or otherwise harming compensation already in effect before enactment.
That is important. It means the bill should not be described as an automatic takedown of current ratings.
The second issue is what you do next. If you file for an increase, appeal a decision, raise a related condition, or put the same disability back in front of VA, the record may be reviewed again depending on the claim posture and the law in effect at that time.
That does not mean you should avoid every filing. It means you should not open a condition casually without knowing what the record says.
For sleep apnea, keep records showing ongoing treatment, treatment response, problems using treatment when medically supported, and any complications. For tinnitus, keep records showing the diagnosis, service noise exposure, hearing loss if present, and how VA connected the condition.
Could Section 108 Affect PTSD, TBI, Migraines, Or Other Conditions?
Section 108 directly targets sleep apnea and tinnitus. It does not rewrite the rating criteria for PTSD, TBI, migraines, toxic exposure conditions, or other disabilities.
The broader concern is precedent. Veterans groups are warning that once disability rating reductions are used as a budget offset, other common or expensive conditions could become targets later.
That is a policy concern, not a current rating change. The current Section 108 text names sleep apnea and tinnitus.
How VetClaims Looks At Section 108 And Future Claims
Section 108 is a reminder that VA disability claims should be built around evidence, not assumptions that the rating schedule will always stay the same.
For sleep apnea, a strong file should do more than show that CPAP was prescribed. It should show diagnosis, treatment, response to treatment, functional impact, and the service connection theory.
For tinnitus, the current standalone 10% rating may still be available today, but Section 108 shows how quickly that path could narrow for future claims. If hearing loss is part of the record, that connection may matter more under the proposed language.
VetClaims.ai is veteran founded, is not affiliated with the U.S. Department of Veterans Affairs or any government agency, and uses a flat one time fee with no percentage taken from back pay.
FAQs About The Take Care Of America’s Veterans Act And Section 108
Is Section 108 Law Right Now?
No. As of July 26, 2026, GovInfo lists S. 4744 as placed on the Senate calendar and H.R. 9237 as introduced in the House. It does not list either version as enacted law.
Because this is active legislation, the status should be checked again before publication or major updates.
Would Section 108 Automatically Reduce My Current Sleep Apnea Or Tinnitus Rating?
No. The bill text says the revised schedule may not be used as the basis for reducing, discontinuing, or otherwise adversely affecting compensation already in effect before enactment.
The clearest risk is for future claims filed after the law takes effect.
Would CPAP Still Support A 50% Sleep Apnea Rating?
Under current rules, sleep apnea requiring a breathing assistance device such as CPAP generally supports a 50% rating.
Under Section 108, CPAP use alone would no longer be enough. The proposed 50% path would require ineffective treatment or inability to use prescribed treatment because of a qualifying comorbid condition, with no end organ damage.
Would The Tinnitus Rating Be Eliminated For Future Claims?
Section 108 would eliminate most future standalone compensable tinnitus ratings. It would allow 10% only when tinnitus is diagnosed as associated with service connected hearing loss that would otherwise be noncompensable.
That is much narrower than the current DC 6260 rule, which assigns a single 10% rating for recurrent tinnitus.
Could The Major Richard Star Act Pass Without Section 108?
Congress can change how a bill is structured or funded, but new mandatory spending often needs a waiver, offset, or another budget path. The fight here is whether the concurrent receipt fix should be funded through future sleep apnea and tinnitus rating reductions.
That is why some groups support the Richard Star Act but oppose Section 108.
Should I File A Sleep Apnea Or Tinnitus Claim Before Section 108 Becomes Law?
Claims already in the system are evaluated under the current DC 6847 and DC 6260 rules. Filing quickly does not make the claim stronger; clear diagnosis, service connection theory, and medical evidence do.
For sleep apnea, that means diagnosis, treatment history, and service connection. For tinnitus, it means diagnosis, noise exposure, and hearing loss evidence when present.