We’ve read enough sleep apnea and tinnitus files to know the mechanism here is Section 108, which would fund concurrent receipt by rewriting how VA rates two of the most common service-connected conditions. These are real claims from real service, and veterans should not be the offset for fixing a different benefits problem.
The Take Care of America's Veterans Act is a 2026 veterans bill that pairs the Major Richard Star Act with proposed rating cuts for sleep apnea and tinnitus. The bill was introduced as S.4744 and H.R.9237 on June 10, 2026. Section 108 would reduce most CPAP based sleep apnea ratings from 50% to 0% or 10% and remove tinnitus as a standalone 10% rating under Diagnostic Code 6260. The changes would apply to new claims and re-evaluations, and VA analysis estimates $57 billion in reduced disability compensation over 10 years.
Is My Current Sleep Apnea or Tinnitus Rating Protected?
The veterans most exposed are the ones who have not filed yet, including active-duty service members, recently diagnosed veterans, and anyone who files after the new rules take effect. Veterans who already have sleep apnea or tinnitus ratings may be safer, but only if those ratings are not reopened through an increased claim or future re-evaluation.
The DAV estimates up to 1.5 million future claimants could be affected, and VA’s own 2022 analysis projected $57 billion in reduced compensation over 10 years.
What Is the Take Care of America’s Veterans Act?
The Take Care of America’s Veterans Act is a broad veterans package built around the Major Richard Star Act, which would let certain combat-injured retirees receive both military retirement pay and VA disability compensation. That fix has real support since the current offset punishes veterans who were medically retired before reaching 20 years of service.
The fight is over how Congress wants to pay for it. This is the VA disability offset in Congress that veterans groups are fighting: the bill uses Section 108 as the offset, which means the cost of fixing concurrent receipt would be covered by changing how VA rates sleep apnea and tinnitus.
What Section 108 Would Do to Sleep Apnea and Tinnitus Ratings
The Section 108 VA disability provision would take the sleep apnea and tinnitus rating changes VA proposed in 2022, which never went into effect after strong pushback, and write them into law. If Congress locks these changes into statute, future veterans would be dealing with a much narrower path to compensation for two of the most common conditions in the VA system.
Under current rules, sleep apnea with a prescribed CPAP generally supports a 50% rating. Section 108 would change that by looking at whether treatment works, so a veteran whose CPAP controls the condition could fall to 0% or 10% under the proposed criteria.
The 50% rating would be harder to keep because CPAP use alone would no longer be enough. The file would need to show ineffective treatment, inability to use treatment because of other conditions, or more serious complications.
Tinnitus currently has its own standalone 10% rating under Diagnostic Code 6260. It's one of the most common VA disabilities, and for many veterans it reflects years of military noise exposure without needing another condition to carry it.
Section 108 would remove tinnitus as a standalone compensable rating, so for most future claims the standalone tinnitus rating is eliminated. It would only be rated when tied to another service connected condition, such as hearing loss or TBI, which means many future tinnitus only claims could drop to 0%. These sleep apnea tinnitus rating cuts are the core of what Section 108 changes.
How the Rating Math Changes Under Section 108
The table below shows how the same clinical scenarios would be rated under current law versus Section 108. The changes are not subtle.
| Scenario | Current Rating | Section 108 Rating | Monthly Difference |
|---|---|---|---|
| Sleep apnea, CPAP prescribed and effective | 50% | 0% | -$1,133/mo |
| Sleep apnea, CPAP partially effective | 50% | 10% possible | -$958/mo |
| Sleep apnea, CPAP ineffective due to comorbid, no end organ damage | 50% | 50% | No change |
| Sleep apnea with end organ damage | 50–100% | 100% | No change or better |
| Tinnitus alone, no other condition | 10% | 0% | -$175/mo |
| Tinnitus with service connected hearing loss | 10% standalone | Possibly folded into hearing loss rating | Fact specific |
These numbers use 2026 single veteran rates, so the real loss can be higher when dependents or combined ratings are involved. The bigger risk is the combined rating drop, because a veteran with 70% PTSD and 50% sleep apnea may be at 100% today, but if sleep apnea falls to 0%, the total rating could fall below 100%.
Why Are the VFW, DAV, and IAVA Opposing Section 108?
The danger in Section 108 is bigger than the two conditions named in the bill. Sleep apnea and tinnitus are the targets today, but veterans groups are warning that the same logic could be used later against PTSD, migraines, toxic exposure conditions, or any other disability that costs the government a lot of money.
That is what makes this different from a normal VA rating update. The proposed cuts are being used as a budget offset, not because Congress found that these conditions stopped affecting veterans, and that is why 15 military and veterans organizations and 47 senators have opposed the Section 108 language.
Should I File My Sleep Apnea or Tinnitus Claim Now?
This bill is not law yet, but veterans with sleep apnea or tinnitus should not wait around and assume the current rules will stay in place. If you have a diagnosis and you have not filed, the safest move is to get the claim on record under the current criteria, because CPAP-based sleep apnea ratings and standalone tinnitus ratings are exactly what Section 108 puts at risk.
If you already have a rating, be careful before filing for an increase on that same condition, because reopening it could invite a new review if the rules change while your claim is pending. For sleep apnea, the file should clearly show whether treatment works, whether CPAP use is limited by other conditions, or whether complications are present, and for tinnitus, any connected hearing loss may matter more if the standalone rating disappears.
Do Veterans Groups Support the Take Care of America’s Veterans Act?
Every side agrees the Richard Star Act solves a real problem, which is why this fight is not as simple as calling the whole bill bad. The split is over Section 108 because some groups support the broader veterans’ package while others argue that cutting future sleep apnea and tinnitus compensation is the wrong way to pay for it.
The American Legion’s point is that rating schedule savings, if they happen, should stay in the veterans’ system instead of going back into the general budget. The stronger objection is that once Congress treats disability ratings as an offset, any common condition can become a budget target later, so the Richard Star Act should be funded without making disabled veterans absorb the cost.
Go Deeper on This Topic
This post covered Section 108 mechanics, the rating scenarios, and the balance of positions. The guides below cover the underlying claim structures that these changes would affect.
→ Sleep apnea VA rating: how it works, what changes are proposed, and how to file
→ Tinnitus VA rating: what DC 6260 covers and how the standalone rating is evaluated
→ VA disability pay hub: how ratings translate to monthly compensation
→ VA appeals: what to do if a rating is reduced or a claim is denied
VetClaims.ai is veteran founded and is not affiliated with the U.S. Department of Veterans Affairs or any government agency. The process uses a flat one time fee instead of taking a percentage of back pay
FAQs About the Take Care of America’s Veterans Act and Section 108
Does Section 108 Affect PTSD, TBI, Or Other Mental Health Conditions?
No. Section 108 targets sleep apnea and tinnitus rating criteria, not PTSD, depression, TBI, or other mental health conditions. The pushback is focused on sleep apnea and tinnitus because those changes would reduce compensation for many future claimants.
Could Congress Pass The Major Richard Star Act Without Section 108?
Technically, yes, but Senate budget rules usually require a waiver or an offset for new mandatory spending. Supporters of a clean Richard Star Act argue Congress should waive those rules for combat-injured veterans instead of funding the fix through disability rating cuts.
If Sleep Apnea Drops To 0%, How Does That Affect My Combined Rating?
A lower sleep apnea rating can reduce the veteran’s combined rating because VA combines percentages instead of adding them. For example, a veteran with 70% PTSD and 50% sleep apnea may reach 100% today, but if sleep apnea drops to 0%, the total rating can fall below 100% and lower the monthly payment.
If Section 108 Becomes Law And My Rating Is Later Reduced, Can I Appeal?
Yes. A rating reduction still has to follow VA due process, including notice, time to respond, and appeal options such as higher-level review, supplemental claim, or board appeal. The strongest defense is documentation showing why the new criteria were applied incorrectly, especially evidence of ineffective treatment, comorbid conditions, or end-organ damage.
What Is The “Wounded Veteran Tax” And Who Does It Affect?
The “wounded veteran tax” is the dollar-for-dollar offset between VA disability compensation and military retirement pay for combat-injured veterans medically retired before 20 years of service. The Major Richard Star Act would end that offset for roughly 59,000 affected Chapter 61 retirees.