The VA has proposed big changes to how it rates disabilities, including sleep apnea, tinnitus, and mental health conditions. The VA has described these changes as necessary to reflect updated diagnostic standards, advances in medical treatment, and technological advancements that were nonexistent when the ratings schedule was last revised. While the changes are expected to take several years to finalize and implement, here’s what you need to know for now:
Sleep apnea – currently, sleep apnea is assigned a 50% evaluation when the veteran requires a breathing device, such as a CPAP machine. The current focus is on whether the veteran uses a breathing assistance device, rather than the functional impairments the veteran’s sleep apnea causes that persist, even after treatment is in place. The VA asserts that advances in treatment allow many veterans to function with little functional impairment despite requiring continued treatment. Moving forward, the VA proposes to focus instead on how much impairment remains after treatment, rather than whether the veteran uses a CPAP machine or other breathing device. Under the proposed changes, sleep apnea that is asymptomatic without or with treatment would likely be rated as noncompensable. If the treatment provides partial relief, the sleep apnea would be rated at 10%. Higher ratings would be assigned only where treatment is unsuccessful.
Tinnitus – While ratings for tinnitus are currently capped at 10%, proposed changes would eliminate the diagnostic code for tinnitus altogether. The VA bases this change on its position that tinnitus is not a stand-alone disease but, rather, a symptom of another condition (such as TBI or hearing loss). The VA emphasizes that these changes will not, however, automatically result in reductions (unless there is evidence of actual improvement).
Mental Health – Mental health evaluations are currently symptom-driven. The VA proposes to change the system to better align with the DSM-5 diagnostic manual and functional impairment. The VA also proposes to eliminate the noncompensable mental health rating and set a minimum 10% rating where there is a diagnosed mental health condition, reasoning that the fact of the diagnosed condition necessarily results in some degree of functional impairment.
At Gardberg and Kemmerly, we keep a close eye on any pending legislation to best help our clients. We focus on helping clients pursue the full benefits they have earned through their service, and we take the time to understand each client’s medical history, service record, and family circumstances so we can present the strongest possible case. Contact an experienced Veterans Disability attorney at Gardberg & Kemmerly, P.C. today at 251-343-1111 for a free case evaluation. Gardberg & Kemmerly, P.C. represents claimants in Alabama, Mississippi, Florida, and Louisiana at all levels of the disability process from initial application to appeals to Federal Court and is honored to represent Veterans and their families.