Future Sleep Apnea and Tinnitus Ratings to Change if Benefits Reform Effort Advances

If the proposed bill package commonly referred to as the “Take Care of America’s Veterans Act” (TCAVA) is passed by Congress without significant edits, future Veterans who suffer from tinnitus and/or sleep apnea may either be entitled to fewer disability benefits or none at all. It is estimated that more than 1 million future Veterans who suffer from service-related tinnitus and/or sleep apnea would be subjected to a reduction in benefits if the TCAVA is not reworked prior to passage by Congress and signing by the President.

If you either need to apply for VA disability benefits for the first time, or you have questions about your ongoing or future eligibility for the benefits to which you are rightfully entitled, know that the committed legal team at Capovilla & Williams is ready to advocate efficiently and effectively on behalf of your interests. Call us today at 866-951-0466 or contact us online to safeguard your right to collect service-related disability benefits for as long as your condition affects your mind and/or body.

How Would the Proposed TCAVA Impact Future Veterans with Tinnitus and/or Sleep Apnea?

If a proposed VA rule is not removed from the current version of the TCAVA, passage of this package of Veterans-related bills would result in a significant reduction in disability benefits eligibility for Veterans who suffer from service-related tinnitus, and the removal of automatic compensable ratings for sleep apnea that is controlled by CPAP therapy, dropping many future claims to a non-compensable 0% rating. Of the more than 60 bills and rules that make up the TCAVA,the provision inspiring the most widespread concern is the codification of the VA’s proposed rating schedule changes for ear, nose, throat, audiology, and respiratory conditions—specifically affecting Diagnostic Code 6260 (tinnitus) and Diagnostic Code 6847 (sleep apnea). The provision of the TCAVA bill  inspiring concern is commonly referred to as “Section 108.” This is the proposed rule that would impact the disability benefits eligibility for more than 1 million future sleep apnea and tinnitus sufferers for the worse.

Currently, once Veterans have been assigned a disability rating from the VA stemming from their service-related sleep apnea and/or tinnitus, they are entitled to benefits in accordance with that rating. The revised ENTA schedule would eliminate benefits for sleep apnea sufferers and change the rating scale for tinnitus sufferers such that nearly 1 million future Veterans would experience a reduction in their benefits related to that chronic condition.

Thankfully, many high-profile individuals and groups are fighting back. Notable efforts include:

• 47 Democratic and Independent senators have called on VA Secretary Doug Collins to commit publicly to addressing Veterans’ concerns about the proposed change
• 15 military and Veteran organizations have published a letter forcefully rejecting the proposal, which they argue would – unacceptably – “for the first time, write the reduction of a service-connected disability rating directly into law to fund other spending.”
• Disabled Veterans for America is sounding the alarm that Section 108 “could reduce future disability compensation by an estimated $57 billion (while) affecting approximately 1.5 million future Veterans”

Continued public scrutiny and pushback will hopefully inspire Congress to edit the TCAVA meaningfully in favor of future Veterans’ interests before it passes this sweeping reform passage.

Informed Legal Guidance Is Available Immediately

While there are portions of the TCAVA that are favorable to many Veterans, passage of these laudable reforms should not come at the cost of eligibility for disability benefits for future Veterans who would otherwise be entitled to hard-won disability ratings for sleep apnea and tinnitus.

If you are concerned about how passage of the TCAVA may impact your eligibility for disability benefits, know that the dedicated legal team at Capovilla & Williams is available immediately to provide you with clarity and guidance. Talk to us about your concerns today by calling 866-951-0466 or connecting with our team online. We look forward to hearing from you.