โš ๏ธ Upcoming VA Disability Rating Changes

Proposed and pending changes to 38 CFR Part 4, the VA Schedule for Rating Disabilities.

๐Ÿ“Œ None of these are in effect yet

Every entry below is either proposed, under review, or rescinded. Existing ratings are protected โ€” if any rule is finalized, veterans already rated under today's criteria are typically grandfathered.

Filing a claim today? You're evaluated under today's rules. Don't delay your claim waiting for a "better" rule that may never come.

๐Ÿ’ค Sleep Apnea โ€” CPAP rating may drop from 50% to 10%

Proposed ยท 2022-02-15
38 CFR ยง 4.97 ยท RIN 2900-AQ54

VA proposed eliminating the automatic 50% rating for veterans whose sleep apnea is managed by a CPAP machine. Under the new criteria, CPAP-managed cases would drop to 10%.

The current rule grants an automatic 50% rating to any service-connected veteran requiring a CPAP machine for sleep apnea. The proposed rule would change this so that if CPAP fully manages your symptoms, the rating drops to 10%. Veterans with severe ongoing symptoms despite CPAP could still qualify for higher ratings on a case-by-case basis. The change was proposed in February 2022 and has not been finalized as of mid-2026. VA paused implementation pending review of public comments and stakeholder feedback.

Who's affected

Veterans filing NEW sleep apnea claims after the rule is finalized. Existing ratings would be grandfathered.

Expected effective

Possibly late 2026 if finalized โ€” but delayed multiple times

Related diagnostic codes:

๐Ÿ”Š Tinnitus โ€” Standalone 10% rating may be eliminated

Proposed ยท 2022-02-15
38 CFR ยง 4.87 ยท RIN 2900-AQ54

Tinnitus would lose its standalone 10% rating. It would instead only be compensated as a symptom of another condition (like hearing loss) under the proposed rule.

Today, tinnitus carries an automatic 10% rating regardless of severity. The proposed rule would eliminate that standalone rating. Going forward, tinnitus would only contribute to compensation if it accompanies an underlying condition that's separately ratable (typically hearing loss under ยง 4.85). The change was part of the 2022 auditory body-system proposal and has not been finalized. VA continues to review public comments.

Who's affected

Veterans filing NEW tinnitus claims after the rule is finalized. Existing 10% tinnitus ratings would be grandfathered.

Expected effective

Possibly late 2026 if finalized โ€” but delayed multiple times

Related diagnostic codes:

๐Ÿง  Mental Health โ€” New domain-based rating system

Proposed ยท 2022-02-15
38 CFR ยง 4.130 ยท RIN 2900-AQ54

Mental health ratings would move to a domain-based system that's expected to make it easier to qualify for 70% and 100% ratings, plus a guaranteed 10% minimum for any service-connected mental health diagnosis.

The current general rating formula for mental disorders has been criticized as outdated and difficult to apply consistently. The proposed rule replaces it with a domain-based evaluation system covering cognition, interpersonal interactions, task completion, and self-care. Key changes: (1) any service-connected mental health diagnosis is guaranteed a minimum 10% rating, (2) the path to 70% and 100% ratings becomes more accessible for veterans with significant functional impairment, (3) the system better accounts for modern understandings of PTSD, depression, and anxiety. The change was proposed in 2022 and remains under review.

Who's affected

Veterans filing NEW mental health claims after the rule is finalized โ€” this change is generally improving for new claims. Existing ratings would be grandfathered (you keep the higher of the two).

Expected effective

Possibly late 2026 if finalized โ€” but delayed multiple times

๐Ÿงฌ Neurological Conditions โ€” Modernized terminology and criteria

Proposed ยท 2024-11-12
38 CFR ยง 4.124a ยท RIN 2900-AS18

VA proposed updates to neurological conditions and convulsive disorders ratings to incorporate medical advancements and update terminology. Affects codes 8000-8999.

The proposed rule updates the ยง 4.124a rating schedule for neurological conditions and convulsive disorders. Key goals: incorporate recent medical advances (especially in TBI, MS, ALS, and epilepsy evaluation), modernize the language to reflect current medical terminology, and provide clearer evaluation criteria for examiners. The rule was published for comment in November 2024 and has not been finalized.

Who's affected

Veterans filing NEW neurological condition claims after the rule is finalized. Existing ratings would be grandfathered.

Expected effective

Indeterminate โ€” proposed Nov 2024, no final rule scheduled

๐Ÿ’Š Medication Impact on Disability Ratings โ€” RESCINDED

Rescinded ยท 2026-02-27
38 CFR ยง 4.10 ยท RIN 2900-AS49

VA briefly required examiners to discount medication's effect when rating disabilities (Feb 17 2026). Following backlash, the rule was rescinded Feb 27 2026 and will not be enforced. The underlying Ingram v. Collins appeal is still pending.

On February 17, 2026, VA published an interim final rule amending ยง 4.10 to require examiners to NOT estimate or discount improvements due to medication or treatment when rating a disability. This would have potentially reduced ratings for many veterans whose conditions are controlled by medication. The rule met immediate backlash from veterans service organizations and lawmakers. On February 19, 2026, VA paused enforcement, and on February 27, 2026, the rule was formally rescinded. VA's Federal Circuit appeal of Ingram v. Collins (the case the rule was responding to) remains pending, so the underlying legal question is not fully resolved. VA Secretary stated the rule 'will not be enforced at any time in the future.'

Who's affected

Was set to affect ALL ratings tied to medication-managed conditions. Now: nobody โ€” the rule was rescinded. Watch the court case.

Expected effective

RESCINDED โ€” Not in effect. Court case ongoing.

A note on accuracy

VetClaimHQ tracks these changes manually based on Federal Register publications and VA announcements. Status is updated periodically. For binding authority, always consult the official 38 CFR Part 4 on eCFR.gov. Last reviewed: 2026-05-22.