- Section 108 of H.R. 9237 / S. 4744 would rewrite future VA disability rating criteria for sleep apnea and tinnitus — but as of September 2026, it has not become law and no current ratings have changed.
- Under current rules, a veteran who uses a CPAP machine for service-connected sleep apnea generally receives a 50% disability rating; Section 108 would move future claims to a tiered 0%/10%/50%/100% schedule based on treatment effectiveness.
- Tinnitus, currently the most commonly compensated VA condition with approximately 3.2 million veterans receiving a standalone 10% rating, would lose its standalone compensable rating under Section 108 and be evaluated only as a symptom of an underlying condition.
- The projected fiscal impact of Section 108 is an estimated $57 billion reduction in future disability compensation over ten years, affecting up to 1.5 million future claimants — figures cited by multiple veterans organizations from VA analysis.
- The VFW, DAV, and IAVA oppose Section 108; the American Legion, Wounded Warrior Project, and more than 20 other organizations support TCAVA as written, citing the long-stalled Major Richard Star Act as a central reason.
- Existing ratings are protected by the bill’s own text: Section 108 states that the new schedule may not be used to reduce or discontinue compensation already in effect before enactment.
- What Is the Take Care of America’s Veterans Act?
- What Section 108 Actually Does
- Sleep Apnea: How the Rating Would Change
- Tinnitus: Losing the Standalone Rating
- Who Is Affected — and Who Is Protected
- The Precedent Argument: Why the VFW Says the Stakes Are Bigger
- The Case for Passing TCAVA With Section 108
- The Case Against Section 108
- Where These Rating Changes Came From
- Current Status of the Bill
- What You Should Do Right Now
- Frequently Asked Questions
A nearly 600-page legislative package working its way through Congress has divided the veterans community in a way few bills have in recent memory. Section 108 is part of the Take Care of America’s Veterans Act, or TCAVA, a sweeping package combining dozens of veterans proposals affecting disabled veterans, survivors, caregivers and military families. The bill has earned praise from more than 20 veterans organizations — and fierce opposition from several of the largest.
The fight centers on one question: is it acceptable to reduce future disability compensation for veterans with sleep apnea and tinnitus in order to fund a broad expansion of other veterans’ benefits? The answer depends on which side of that trade-off you’re on — and the numbers involved are not small.
What Is the Take Care of America’s Veterans Act?
The Take Care of America’s Veterans Act (TCAVA), introduced in June 2026 as H.R. 9237 in the House and S. 4744 in the Senate, is one of the most comprehensive veterans’ legislative packages considered by Congress in recent years. It was introduced by House Veterans’ Affairs Committee Chairman Rep. Mike Bost (R-IL) and Senate Veterans’ Affairs Committee Chairman Sen. Jerry Moran (R-KS), and combines more than 60 previously introduced bipartisan veterans’ bills into a single omnibus package.
The bill modifies various compensation programs for veterans, including by allowing concurrent receipt of disability compensation and military retired pay for certain retirees with a combat-related disability, extending entitlement for various benefits and services to remarried surviving spouses, increasing the rate of dependency and indemnity compensation, and establishing a supplemental monthly allowance for certain disabled veterans. It brings together more than 60 provisions affecting veterans’ benefits, health care, education, transition assistance, caregiver support, survivor benefits, and other essential services.
The Major Richard Star Act: The Centerpiece
The centerpiece of TCAVA 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. Current law requires a dollar-for-dollar offset of disability compensation and retirement pay, meaning injured veterans have to forfeit a portion of the benefits they earned in service. The Major Richard Star Act was first introduced in 2020 and has gained strong bipartisan support, but has still not passed Congress largely due to budget considerations.
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.
What Section 108 Actually Does
Section 108 would establish new disability rating criteria for future claims involving sleep apnea and tinnitus. The VA proposed similar changes back in 2022 and again in a 2024 supplemental notice, but never finished the rulemaking process. Section 108 would put that same substance directly into federal statute instead, which means it would not go through the normal public comment and review process VA regulations usually require.
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. That distinction — future claims versus existing ratings — is critical and is discussed further below.
Sleep Apnea: How the Rating Would Change
Under current rules, a veteran prescribed a CPAP for service-connected sleep apnea receives a stable 50% rating. Under Section 108, ratings would shift to a 0 to 100 scale based on how well treatment is working. Sleep apnea effectively managed by a CPAP could rate at 0% or 10% under the new schedule.
The financial difference is significant. For a veteran alone with no dependents, VA’s 2026 monthly compensation rate is $1,132.90 at 50% and $180.42 at 10%. A future sleep apnea claim that would be 50% today but 0% under Section 108 would lose $1,132.90 per month.
Tinnitus: Losing the Standalone Rating
Current VA regulations generally allow veterans diagnosed with recurrent service-connected tinnitus to receive a 10% disability rating, regardless of whether one or both ears are affected. Tinnitus is currently the single most commonly compensated condition in the VA system, with approximately 3.2 million veterans drawing a monthly check for a standalone 10% rating.
Section 108 would eliminate the standalone tinnitus rating and instead evaluate tinnitus only as a symptom of an underlying condition such as hearing loss or traumatic brain injury. 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 Is Affected — and Who Is Protected
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.
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.
Your filing date relative to enactment — not your decision date — is the line that matters under the bill’s current text. Legislation can be amended before final passage, so monitoring the bill’s final language is essential.
The Precedent Argument: Why the VFW Says the Stakes Are Bigger
The VFW’s argument is therefore not that Section 108 directly cuts every veteran’s benefits or changes ratings for conditions beyond sleep apnea and tinnitus. It is that Congress would be establishing a new precedent for how individual disability ratings can be changed.
Federal law gives the VA secretary authority to adopt and periodically revise the VA Schedule for Rating Disabilities, which determines how service-connected conditions translate into disability percentages and compensation. That process generally involves proposed regulations, medical evidence, public comments and a final VA rule. Changes to the VASRD have historically been made through a transparent regulatory system that requires medical review, public notice, and stakeholder input. Congress itself established this framework to ensure disability ratings remain evidence-based and insulated from political pressures.
Legislating individual disability ratings bypasses that process and creates a dangerous precedent for future Congresses to target other service-connected conditions whenever budget offsets are needed. Ratings and service connection can affect eligibility for other VA programs and benefits. VFW Executive Director Ryan Gallucci specifically pointed to caregiver programs, survivor benefits, health care and special monthly compensation. “There are compounding effects to all these programs,” Gallucci said.
The Case for Passing TCAVA With Section 108
The American Legion and 22 other veterans and military-family organizations have urged Congress to pass the bill. The coalition includes Wounded Warrior Project, AMVETS, the Military Officers Association of America, the Elizabeth Dole Foundation, Military Order of the Purple Heart, Vietnam Veterans of America, and the National Military Family Association, among others.
Supporters describe Section 108 as a modernization of the VA rating schedule and argue the projected savings would remain within programs serving veterans, families and survivors. The American Legion has made a specific practical argument: despite opposition from the veteran community, the VA has signaled its intent to finalize these regulations through the rulemaking process. After years of discussion on the necessity of updating the VASRD, spanning different political administrations, and after thorough review of existing medical evidence and a public comment period, the Legion does not believe the VA will rescind the regulations if and when they are finalized. As such, the projected savings to mandatory spending would be used by the Treasury Department for non-veteran budget priorities — rather than being reinvested in veterans programs as TCAVA would require.
Despite concerns, American Legion National Commander Dan K. Wiley believes the Take Care of America’s Veterans Act remains the strongest path forward to move years of advocacy into action. “Critics may focus on trade-offs, but the alternative is continued gridlock on major reforms in an increasingly challenging budgetary and political environment,” Wiley said.
The Case Against Section 108
The Veterans of Foreign Wars, Disabled American Veterans and Iraq and Afghanistan Veterans of America are among the organizations that have spoken against the legislation as currently written. “The VFW strongly opposes the Take Care of America’s Veterans Act as currently drafted because it asks future disabled veterans to bear the cost of expanding benefits through changing the VA rating schedule for tinnitus and obstructive sleep apnea,” VFW National Commander Carol Whitmore said.
A September 2026 survey from the Disabled American Veterans (DAV) underscored the depth of opposition among rank-and-file veterans. A new DAV survey of more than 4,200 veterans, their family members, caregivers and survivors shows overwhelming support (93%) for protecting veterans’ earned benefits and overwhelming opposition (71%) to the omnibus Take Care of America’s Veterans Act unless a provision containing historic cuts to veterans benefits is removed. On the question of whether and how Congress should apply budget enforcement rules to veterans legislation generally, 84% opposed using benefits cuts as an offset, and 80% specifically opposed Section 108 — the provision that could cut disability compensation by $57 billion for 1.5 million veterans in the future.
These slashed disability benefits and drastically increased fees paid by veterans unacceptably create so-called “savings” — by cutting benefits for certain deserving veterans to pay for benefits for other equally deserving veterans. The DAV has called Section 108 a “poison pill” inside an otherwise broadly supported package.
Where These Rating Changes Came From
The proposed rating changes for sleep apnea and tinnitus originated with the VA’s ongoing rewrite of the VA Schedule for Rating Disabilities (VASRD), not with TCAVA. The VA first proposed these changes in February 2022 through regulation, years before TCAVA existed. The proposal went through public comment. It was never finalized.
That unfinished regulatory history is where the two sides diverge. Supporters of TCAVA argue the VA will eventually finalize those regulatory changes on its own, and TCAVA at least ensures the resulting savings are reinvested in veterans. Opponents argue that Congressional action strips veterans of the regulatory process protections that have historically governed rating changes, and that Congress should find a different offset rather than reducing earned disability compensation for future claimants.
Current Status of the Bill
The bill was introduced June 10, 2026 and has not passed. It cleared the House Rules Committee twice — on June 23 and again July 13, 2026 — but the House floor vote was postponed. The House considered the legislation in July but did not complete action before lawmakers left Washington for their August recess.
The House vote was postponed; however, the Senate is still pushing forward and is planning to vote on TCAVA. It’s more important than ever to understand what is at stake for veterans, service members, caregivers, and survivors. Section 108 has not become law, and the proposed changes would not reduce existing VA disability ratings solely because the legislation passed.
You can track the current status of H.R. 9237 and S. 4744 directly at Congress.gov. Official positions from the VFW are published at VFW.org.
What You Should Do Right Now
If you have a pending or unfiled sleep apnea or tinnitus claim, the most important thing to understand is that today’s rating rules still apply to claims filed today. 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.
If you already have an established rating for either condition, the bill’s current text protects that compensation from being reduced solely because Section 108 becomes law. That does not mean your situation can never change — reexaminations, new claims, or appeals filed after enactment could interact with any new rules in effect at that time.
Track the bill’s progress at Congress.gov. For official VA benefit information and to file a claim, visit VA.gov/disability. If you need representation, a VA-accredited claims agent or attorney can be found through the VA’s accreditation search at VA.gov/ogc.
Frequently Asked Questions
Based on the bill text as introduced, no — your existing rating should not be automatically reduced. Section 108 states that the revised rating schedule may not serve as the basis for reducing, discontinuing, or otherwise adversely affecting compensation that was already in effect before the date of enactment. That protection is written directly into the proposed legislation. However, this applies to your existing rating. If you were to file a new, separate claim after the law took effect, that new claim could be evaluated under the new rules. Because legislation can change between introduction and final passage, you should monitor the bill’s final language carefully and consult a VA-accredited claims agent or attorney for guidance specific to your situation.
Your current tinnitus rating at 10% is protected under the bill’s prospective language — it would not be reduced solely because Section 108 became law. The risk is different for your unfiled sleep apnea claim. Under Section 108 as written, the new rating criteria would apply to claims filed after the law’s enactment date. That means a sleep apnea claim filed today under current rules could receive a 50% rating if you require a CPAP, while the same claim filed after enactment might be evaluated under a tiered schedule where effective CPAP treatment could result in a 0% or 10% rating instead. The difference in monthly compensation at those levels is significant. Section 108 is not law as of September 2026, but if you have a pending or unfiled claim, understanding where the bill stands in real time matters for your filing strategy.
The funding structure is at the heart of the debate. The Take Care of America’s Veterans Act pairs its most popular provision — the Major Richard Star Act, which would end the ‘wounded veteran tax’ for combat-injured retirees — with an offset to cover its cost under congressional budget rules. The rating changes in Section 108 are projected to reduce future disability compensation by an estimated $57 billion over ten years, and that projected savings is what makes the larger package budget-compliant. Critics, including the VFW, DAV, and IAVA, argue that using future veterans’ earned disability compensation as a budgetary offset is fundamentally unjust and sets a dangerous precedent. Supporters, including the American Legion, counter that the VA has already signaled its intent to finalize similar rating changes through regulation — meaning the reductions may happen anyway — and that TCAVA at least directs any resulting savings back toward veteran-focused programs rather than the general federal budget.
The veterans community is genuinely divided. The American Legion, Wounded Warrior Project, AMVETS, Military Officers Association of America, the Elizabeth Dole Foundation, Military Order of the Purple Heart, Vietnam Veterans of America, and more than 20 other organizations have urged Congress to pass TCAVA, largely because of its inclusion of the long-stalled Major Richard Star Act and dozens of other bipartisan priorities. On the other side, the Veterans of Foreign Wars, Disabled American Veterans, Paralyzed Veterans of America, Iraq and Afghanistan Veterans of America, and other groups have called on Congress to remove Section 108 before passage. The DAV and VFW have each stated they support many provisions of the bill but oppose using disability-rating changes as the funding mechanism. This is not a partisan fight — it is a strategic disagreement about whether accepting a funding trade-off now is preferable to continued legislative gridlock.
This is one of the VFW’s core objections. Under existing federal law, the VA Secretary has the authority to adopt and revise the VA Schedule for Rating Disabilities (VASRD) through a regulatory process that involves proposed rules, a public comment period, medical review, and a final published rule. The VA first proposed similar changes to sleep apnea and tinnitus ratings in February 2022, went through public comment, but never finalized those changes. Section 108 would take those same proposed rating changes and write them directly into federal statute, bypassing the remaining steps of the regulatory process. The VFW argues that Congress established the regulatory framework specifically to keep disability ratings evidence-based and insulated from political and budgetary pressures, and that legislating individual ratings breaks that precedent in a way future Congresses could replicate for other conditions.
The Major Richard Star Act would allow certain combat-injured service members who were medically retired with fewer than 20 years of service to receive both their full military retirement pay and their VA disability compensation at the same time — what supporters call ending the ‘wounded veteran tax.’ Under current law, a dollar-for-dollar offset reduces one benefit against the other. The Act was first introduced in 2020, has earned wide bipartisan support with dozens of co-sponsors in both chambers, but has repeatedly stalled due to its cost. TCAVA packages it alongside more than 60 other veterans’ bills and uses the projected savings from Section 108’s rating changes as the budget offset that makes the package financially viable under congressional pay-as-you-go rules. Approximately 59,000 to 60,000 combat-injured retirees are estimated to benefit from the Major Richard Star Act provision.
As of September 2026, the Take Care of America’s Veterans Act has not become law. The House Rules Committee cleared the bill twice — on June 23 and July 13, 2026 — but the full House floor vote was postponed and Congress entered August recess without completing action. The Senate has the bill on its calendar as S. 4744. The American Legion has reported that the Senate is still planning to move forward. Because the bill’s language, and Section 108 specifically, could be amended at any stage before final passage, veterans should track the bill’s current status directly at congress.gov and monitor official communications from their VSOs. If you have an unfiled sleep apnea or tinnitus claim, understanding where the legislation stands in real time is relevant to your filing timeline. Nothing about current VA rating rules has changed.
VeteranNews.com is an independent educational resource not affiliated with the Department of Defense, VA, or any government agency. For official benefit information, visit VA.gov.
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