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Reforms relating to Department of Veterans Affairs disability ratings

Title I: Compensation

Plain-language summaryAI

The Department of Veterans Affairs will update how it rates disabilities for sleep apnea and tinnitus. Sleep apnea ratings will depend on symptoms, treatment effectiveness, and presence of organ damage, while tinnitus generally won't receive a separate rating unless linked to certain hearing loss. These changes apply to new claims after the law takes effect and cannot reduce benefits already being paid.

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Section Text · Sec. 108.
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(a) Ratings for sleep apnea

(1) In general

The Secretary of Veterans Affairs shall revise the schedule for rating disabilities adopted and applied under section 1155 of title 38, United States Code, as follows:

(A)

A grade of disability of 0 percent shall be assigned for sleep apnea syndrome when the syndrome is asymptomatic, with or without treatment.

(B)

A grade of disability of 10 percent shall be assigned for sleep apnea syndrome when treatment yields incomplete relief.

(C)

A grade of disability of 50 percent shall be assigned for sleep apnea syndrome only if—

(i)

treatment is either ineffective or the veteran is unable to use the prescribed treatment due to comorbid conditions; and

(ii)

there is no end-organ damage.

(D)

A grade of disability of 100 percent shall be assigned for sleep apnea syndrome only if there is also end-organ damage.

(2) Qualifying comorbid conditions

For purposes of paragraph (1)(C)(i), a comorbid condition is a condition that, in the opinion of a qualified medical provider, directly impedes or prevents the use of, or implementation of, a recognized form of treatment intervention normally shown to be effective.

(b) Ratings for tinnitus

The Secretary of Veterans Affairs shall revise the schedule for rating disabilities adopted and applied under section 1155 of title 38, United States Code, as follows:

(1)

Except as provided in paragraph (2), tinnitus may not be assigned a separate compensable disability rating.

(2)

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.

(c) Applicability

(1) In general

The revisions to the schedule for rating disabilities adopted and applied under section 1155 of title 38, United States Code, made pursuant to this section shall apply with respect to claims filed after the date of the enactment of this Act.

(2) Protection of existing ratings

The revisions to the schedule for rating disabilities made pursuant to this section may not serve as the basis for reducing, discontinuing, or otherwise adversely affecting compensation that was in effect on the day before the date of the enactment of this Act.