• Veterans filing claims after summer 2026 will face dramatically different rating criteria for mental health, sleep apnea, tinnitus and neurological conditions
• Current ratings remain protected under grandfathering provisions, but new claims could see sleep apnea ratings plummet from automatic 50% to potentially 0% for effective treatment
• Mental health evaluations shift to five-domain assessment system eliminating 0% ratings, while tinnitus loses standalone 10% compensation in most cases

WASHINGTON, D.C. (TDR) — The Department of Veterans Affairs is moving forward with sweeping changes to disability rating criteria that will take effect in summer 2026, fundamentally altering how millions of future claims for mental health, sleep apnea, tinnitus and neurological conditions are evaluated and compensated.

The changes represent the most significant overhaul to VA disability ratings in decades, with implementation expected no later than September 2026 following completion of necessary training for claims processors and updates to VA disability questionnaires, according to veteran benefits experts monitoring the regulatory process.

Current Ratings Protected But Future Claims Face New Reality

Veterans already receiving disability compensation can breathe easier—existing ratings will remain untouched under grandfathering protections that prevent automatic reductions when rating schedules change. This includes all 100% Permanent and Total ratings currently in effect.

“If you already have a VA rating for mental health, you are grandfathered in under the old rating system,” according to VA Claims Insider, a veteran benefits consulting organization.

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However, any claims filed after the summer 2026 implementation date will be subject to the new criteria, creating a rapidly closing window for veterans who have been delaying filing for these conditions.

The timing puts millions of veterans in a critical decision point. According to VA data, sleep apnea is the most prevalent respiratory condition among service-connected veterans, while mental health conditions like PTSD represent the sixth most common VA disability claim overall.

Sleep Apnea: From Automatic 50% To Treatment-Based Ratings

The most dramatic shift affects sleep apnea claims. Under current criteria, veterans using a CPAP machine automatically receive a 50% rating—a straightforward evaluation that has made sleep apnea one of the most common high-value claims.

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The new system eliminates this automatic rating structure entirely, instead evaluating claims based on treatment effectiveness and functional impairment.

Telemedica’s analysis of the proposed changes reveals the new rating breakdown:

“Under the expected 2026 changes, you must prove that your treatment is ineffective or unusable and show functional impairment or comorbidities.”

The new sleep apnea ratings will be:

• 100%: Ineffective treatment or inability to use treatment with end-organ damage
• 50%: Ineffective treatment or inability to use treatment without end-organ damage
• 10%: Incomplete relief with treatment
• 0%: Asymptomatic with or without treatment

This means veterans whose CPAP machines effectively control symptoms could see their ratings drop to 0%—receiving no compensation despite requiring lifelong treatment every night.

“If symptoms are fully treated by a CPAP machine or other treatment, a Veteran would be rated at 0% and not receive compensation,” the VA stated in its proposal.

Veterans advocacy groups have criticized this approach as penalizing compliance with treatment while ignoring the burden of using breathing equipment for life.

“The fact that someone has to wear something the rest of their lives should be compensated not rated 0%,” one veteran commented on the VA’s proposal.

Mental Health: Domain-Based Assessment Replaces Symptom Checklists

Mental health rating changes represent a complete philosophical shift in how conditions like PTSD, depression and anxiety are evaluated.

The current system relies on symptom checklists and occupational/social impairment language that veterans and advocates have long criticized as vague and subjective. The new framework introduces a five-domain assessment measuring functional impact across:

1. Cognition – Memory, concentration, decision-making, problem-solving
2. Interpersonal Interactions – Relationships at home, work and in social settings
3. Task Completion – Ability to start and finish work and daily life activities
4. Life Activities and Navigating Environments – Comfort leaving home, using transportation, handling new situations
5. Self-Care – Personal hygiene, dressing, nourishment

Each domain receives a severity score from 0 (no impairment) to 4 (total impairment), with ratings determined by the combination of domains affected.

“The proposed framework is designed to be more structured and symptom-focused, using a domain-based model that evaluates functioning across multiple areas of life,” according to VA Claims Insider’s analysis.

The new mental health ratings will be:

• 100%: Level 4 in one or more domains, OR Level 3 in two or more domains
• 70%: Level 3 in one domain, OR Level 2 in two or more domains
• 50%: Level 2 in one domain
• 30%: Level 1 in two or more domains
• 10%: Minimum rating for any service-connected mental health condition

Significantly, the changes eliminate 0% mental health ratings entirely, ensuring every service-connected diagnosis receives at least 10% compensation.

“The proposed evaluation criteria include a 10% minimum evaluation for having one or more service-connected mental health conditions and will no longer require ‘total occupational and social impairment’ to attain a 100% evaluation,” the VA announced.

Tucker Disability Law notes this could benefit veterans who maintain employment despite severe symptoms:

“Veterans with severe symptoms who still manage to hold a job often get underrated” under current criteria.

Tinnitus Rating Eliminated As Standalone Condition

One of the most controversial changes eliminates the standalone 10% rating for tinnitus—the ringing or buzzing in ears that has long served as an entry point into the VA benefits system for many veterans.

Under the new rules, tinnitus will only be rated as a symptom of another service-connected condition, typically hearing loss or neurological disorders.

“For tinnitus, the proposed changes would recognize that symptom within the Veteran’s broader ailment and provide service-connected compensation for tinnitus through the disease to which it is attributed,” the VA stated.

CCK Law’s analysis highlights the impact:

“No longer rating tinnitus as its own condition, but rather evaluating tinnitus as a symptom of the underlying disease that causes it.”

For veterans with non-compensable hearing loss (0% rated) but service-connected tinnitus, a 10% rating may still be available. However, veterans with tinnitus alone and no hearing loss or other connecting condition will likely receive no compensation under the new system.

Neurological Conditions Shift To Objective Measurement

Changes to neurological disability ratings introduce more objective, measurable criteria to replace outdated terminology and subjective assessments.

The VA is replacing terms like “neuritis” and “neuralgia” with “neuropathy” to reflect current medical understanding, while introducing objective measurement tools like the Medical Research Council Scale for Muscle Strength and the Hoehn-Yahr Scale for Parkinson’s disease.

“The proposed updates aim to modernize the VA Schedule for Rating Disabilities by incorporating current medical knowledge, improving clarity in rating criteria, and addressing outdated terminology,” according to Veterans Legal Center.

New diagnostic codes are being added for previously unaddressed conditions including essential tremor, dystonia, Parkinson’s Plus syndromes and Primary Lateral Sclerosis.

The Federal Register notice explains the shift:

“The proposed revisions replace subjective criteria with objective and measurable criteria, which will promote rating consistency and accuracy.”

These changes could benefit veterans by reducing examiner subjectivity, though some veterans with sensory-only nerve damage may see lower ratings under the new criteria that prioritize motor function measurements.

The Urgent Filing Window Closes This Summer

Veterans benefits experts are unanimous in their guidance: file claims now rather than waiting for the summer 2026 implementation.

“If you have sleep apnea and haven’t filed a claim, do it now. Veterans who get rated under the current system will be grandfathered in. Once the new criteria take effect, that window closes,” according to Tucker Disability Law.

Filing an Intent to File (ITF) can lock in a potential effective date while veterans gather medical records, schedule evaluations and build their claims. The ITF preserves the earliest possible payment date even if the full claim isn’t submitted until months later.

VA Claims Insider recommends immediate action:

“File an Intent to File as soon as possible. An Intent to File can lock in a potential effective date while you gather medical records, schedule evaluations, complete a sleep study (for sleep apnea), document symptom severity (for mental health), and build your nexus theory.”

Veterans should ensure they have current clinical diagnoses from qualified medical professionals and comprehensive documentation of symptoms and functional impacts before filing.

Getting Help With Claims: VSOs Provide Free Assistance

Veterans Service Officers (VSOs) from organizations like the Disabled American Veterans (DAV), Veterans of Foreign Wars (VFW) and American Legion provide free assistance with filing claims and navigating the VA system.

“VSOs are a very powerful FREE resource available to separating service-members and Veterans. If at any point a VSO states they need you to pay them something, please walk away and report them to their organization,” according to the Veterans Benefits Knowledge Base.

VA-accredited representatives can help veterans gather evidence, submit fully developed claims and track applications through the system. Unlike accredited attorneys who may charge fees, VSO services are always free.

Veterans can find accredited VSOs through the VA’s representative search tool or by contacting local VA regional offices.

What Veterans Should Do Right Now

The clock is ticking toward summer 2026. Veterans with undiagnosed or unfiled conditions should take immediate action:

1. Get diagnosed – Schedule appointments with medical professionals for current clinical diagnoses of mental health conditions, sleep apnea, tinnitus or neurological issues
2. File an Intent to File – Preserve the earliest possible effective date while gathering evidence
3. Contact a VSO – Get free professional help organizing claims and evidence
4. Document everything – Collect medical records, sleep studies, treatment logs and statements about functional impacts
5. Submit claims before summer 2026 – Beat the deadline to be evaluated under current, more favorable criteria

For veterans already rated, the grandfathering protections mean existing benefits remain secure. But for those who have delayed filing or recently left service, the window to secure more favorable ratings under current criteria is rapidly closing.

Will you file your claim under the current system or risk facing the new criteria after summer 2026?

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