Sleep Apnea & Tinnitus
Deadline Alert: Last Chance for Grandfathered Ratings
Navigating the complexities of Veterans Affairs (VA) claims can be daunting, especially when critical deadlines are looming. For U.S. military veterans dealing with service-connected disabilities like sleep apnea and tinnitus, time is of the essence. This article serves as a vital alert regarding the last chance for grandfathered ratings for these conditions.
Understanding Grandfathered Ratings
Grandfathered ratings refer to VA disability ratings that are preserved under older criteria, even after new regulations are enacted. This often means veterans can retain higher ratings or more favorable conditions than those stipulated by current guidelines. Given the complexity and frequency of updates in VA policies, staying informed is crucial for safeguarding your benefits.
Grandfather Ratings in 38 CFR Based on 38 CFR 3.951(a), the regulation addressing grandfathered ratings states that “a readjustment to the Schedule for Rating Disabilities shall not be grounds for reduction of a disability rating in effect on the date of the readjustment unless medical evidence establishes that the disability to be evaluated has actually improved.“
This regulation protects veterans with existing disability ratings when the VA makes changes to the rating schedule. Veterans are “grandfathered” under the older schedule, meaning their ratings cannot be reduced solely because the rating criteria changed. A reduction would only be warranted if there is medical evidence showing actual improvement in the veteran’s condition.
The protection applies to ratings that are in effect at the time of the schedule change. However, if a claim is reopened or a new evaluation is conducted, and improvement is found according to the grandfathered schedule, the veteran may then be rated under the current rating schedule.
Why the Deadline Matters
The urgency of this deadline cannot be overstated. As of April 2025, the VA is implementing significant changes to disability ratings for sleep apnea and tinnitus. Missing this deadline could mean the difference between maintaining a higher rating and having to navigate the more stringent, updated requirements. This could significantly affect the monthly compensation and benefits you’re entitled to receive.
Sleep Apnea
Sleep apnea is a severe sleep disorder that frequently affects veterans, particularly those with a history of combat. Characterized by interrupted breathing during sleep, it can result in chronic fatigue, cardiovascular issues, and other health complications.
VA Rating for Sleep Apnea
Historically, VA ratings for sleep apnea have been generous, especially for those requiring CPAP machines. Under the older criteria, ratings can go up to 50% or higher, depending on the severity and treatment methods. The new criteria, however, are much more restrictive:
- Having a CPAP machine no longer automatically qualifies for a 50% rating – you might only get 10% under the new criteria
- Ratings now focus on treatment effectiveness rather than just having the equipment
- The new breakdown is:
- 0% – No symptoms with or without treatment
- 10% – Incomplete relief with treatment
- 50% – Ineffective treatment or unable to use treatment due to other conditions (without end-organ damage)
- 100% – Ineffective treatment WITH end-organ damage
Tinnitus
Tinnitus, or the perception of ringing in the ears, is another common condition among veterans due to exposure to loud noises such as gunfire or explosions. It can be profoundly disruptive, affecting sleep, concentration, and overall quality of life.
VA Rating for Tinnitus
In contrast to sleep apnea, tinnitus traditionally receives a maximum rating of 10%, regardless of whether it affects one or both ears. The new changes are even more dramatic:
- The standalone 10% rating for tinnitus is GONE
- Tinnitus is only compensable if it’s secondary to another service-connected condition
- If your hearing loss is rated at 0%, tinnitus can get a 10% rating
- If hearing loss is 10% or higher, you get NOTHING additional for tinnitus
Steps to Take Now
- 1 Verify Your Current Ratings: Before doing anything else, ensure you know your current ratings for sleep apnea and tinnitus. Compare them to the new criteria to understand what might change.
- 2 Gather Documentation: Compile all relevant medical records, treatments, and any nexus letters or Independent Medical Opinions (IMOs) that support your conditions. This documentation will be invaluable.
- 3 Submit an Intent to File: To lock in the grandfathered ratings, submit an Intent to File (ITF) with the VA IMMEDIATELY. This simple action can preserve your right to the older, more favorable criteria.
- 4 Consult Experts: Leverage the expertise available on HadIt.com Veteran to Veteran, where seasoned veterans can provide insights and advice based on their experiences. Engaging with community forums and expert discussions can further clarify the steps needed.
HadIt.com—Your Ally in the Fight
Since its inception on January 20, 1997, HadIt.com has been a steadfast ally for veterans navigating the VA claims process. Founded by Navy veteran Theresa M. Aldrich, the platform embodies the mission of leaving no one behind—not on a jungle trail, a desert trail, or a paper trail.
With over 28 years of dedicated service, HadIt.com offers a wealth of resources, including community forums, educational articles, peer support. The site remains a beacon for veterans seeking camaraderie and clarity as they fight for their deserved benefits.
The Clock is Ticking
In the world of VA claims, timing is everything. As of April 2025, the VA is implementing these significant changes to disability ratings. Missing this critical deadline for grandfathered ratings concerning sleep apnea and tinnitus could have lasting repercussions on your quality of life and financial stability. Act now to protect your hard-earned benefits.
The good news is that veterans who were already service-connected for these conditions before the changes are “grandfathered in” under the old rating criteria. This means your current ratings are protected from reduction unless there’s medical evidence showing your condition has actually improved.
Don’t wait another day – the clock is ticking. Missing this deadline could cost you thousands in benefits over your lifetime. By remaining proactive and leveraging the numerous resources available at HadIt.com, you can ensure that you make informed, strategic decisions in your VA claims journey. Remember, this community is here to support you every step of the way, ensuring that no veteran has to face the process alone.
