The wide-ranging package includes the long-sought Major Richard Star Act, which would allow combat veterans with fewer than 20 years of service to concurrently receive both full retirement pay and disability compensation. While the Richard Star Act has widespread backing, its estimated $10 billion cost has left lawmakers deadlocked over how to pay for it.
During a June 9 speech on the Senate floor, Sen. Jerry Moran (R-Kan.) noted that the legislation has been unable to pass either chamber “in significant part due to the inability to offset the cost.” To break the stalemate, Congress is now considering an “offset” that targets other disability ratings.
Proposed Changes to Sleep Apnea and Tinnitus Ratings
To fund the expansion, the new bill proposes adopting a strict rule change originally floated by the Department of Veterans Affairs (VA) in 2022. The change would radically alter how sleep apnea and tinnitus are rated for future claims and existing claim reassessments:
Sleep Apnea: The current automatic, standalone 30% disability rating would be eliminated. Instead, ratings would be based on “the effectiveness of medical treatment and intervention,” utilizing a new 0-100% scale. Veterans who successfully manage their condition using medical devices like CPAP machines could see significantly reduced disability checks.
Tinnitus: Currently rated at a standalone 10%, tinnitus would no longer qualify for an independent disability rating. Instead, it would be treated as a symptom of an underlying condition, such as hearing loss or a traumatic brain injury (TBI).
A VA analysis of the 2022 proposal estimated that these rating changes could reduce federal disability compensation payments by $57 billion over the next 10 years.
Backlash from Veterans Advocacy Groups
Veterans service organizations are sounding the alarm, warning that the proposal shifts the financial burden onto active-duty personnel and future claimants.
“We see this proposed cut as another way to try to get after something that some people think is rated too high,” Ryan Gallucci, executive director of the Veterans of Foreign Wars (VFW), told Task & Purpose.
Gallucci emphasized that troops inherently operate in loud environments and noted that tinnitus and sleep apnea are frequently comorbid with other severe combat injuries like PTSD and mild TBIs.
Disabled American Veterans (DAV) National Commander Coleman Nee sharply criticized the proposal, warning that it could ultimately impact up to 1.5 million veterans by applying to all new claims as well as reevaluations of existing claims.
“Eliminating compensation for sleep apnea and tinnitus is not a reflection of improved outcomes for veterans — it is a budget-driven decision that shifts the burden onto those who have already sacrificed in service to our nation,” Nee said.
Kyleanne Hunter, CEO of Iraq and Afghanistan Veterans of America (IAVA), expressed concern over the precedent the bill could set. “Today it’s tinnitus and sleep apnea. Tomorrow it could be PTSD, migraines, toxic exposure conditions, or any other disability that becomes a tempting budget target,” Hunter said in a press release.
Navigating Shifting Veterans Benefits
You don’t have to navigate these complex, shifting legislative frameworks by yourself. If you or a loved one are concerned about potential changes to VA ratings, unfair benefits offsets, or bureaucratic delays, keeping tabs on your rights is crucial.
Veterans Guide helps veterans understand their VA disability options, pursue higher ratings, appeal denied claims, and navigate benefits questions with confidence.
If you believe your current VA rating is too low, your claim was wrongly denied, or you need help preparing for future policy adjustments, contact Veterans Guide for help reviewing your options.
