Status as of October 21, 2026
- Proposed: February 15, 2022. Ear, nose, throat, audiology, and respiratory changes, including sleep apnea and tinnitus (87 FR 8474). Mental disorders (87 FR 8498).
- Final rule published? No, for either one. The only later Federal Register action on the respiratory rule is a September 12, 2024 supplemental proposal adding a code for constrictive bronchiolitis.
- Effective date? None announced.
- Existing ratings: Protected from reduction based on a schedule change alone (38 CFR § 3.951(a)).
What we checked, and when
On October 21, 2026, we searched the Federal Register for every document tied to each rule's regulation number (RIN 2900-AQ72 for ear, nose, throat and respiratory; RIN 2900-AQ82 for mental disorders). Both show only proposed rules. In the most recent edition of the federal Unified Agenda we could access, VA lists a target date for final action of August 2026 for the mental disorders rule and April 2027 for the respiratory and ENT rule. These are VA's own planning targets, not legal deadlines. The August 2026 target passed without a final rule.
A reminder that the rating schedule can still change quickly: on February 17, 2026, VA issued an interim final rule changing how medication is considered in ratings (38 CFR § 4.10), then rescinded it on February 27, 2026, restoring the prior text. We'll update this page when VA publishes a final rule.
What VA proposed for sleep apnea
Today, sleep apnea (Diagnostic Code 6847) is rated 0, 30, 50, or 100%. The 50% level applies when you need a breathing device such as a CPAP. VA's 2022 proposal would rate on how well treatment works instead:
| Proposed rating | Proposed criteria (87 FR 8474) |
|---|---|
| 0% | Asymptomatic with or without treatment |
| 10% | Incomplete relief with treatment, as determined by sleep study |
| 50% | Treatment ineffective (by sleep study) or unable to use treatment due to comorbid conditions, without end-organ damage |
| 100% | The same, with end-organ damage |
In plain terms, a veteran whose CPAP works well could be rated 0% under the proposal, compared with 50% today. VA's stated reason is to rate the result rather than the type of treatment. See our sleep apnea guide for today's criteria.
What VA proposed for tinnitus
The same proposal would delete tinnitus's own code (DC 6260, currently 10%) and rate tinnitus only as part of an underlying condition, such as hearing loss, Ménière's disease, or a TBI. Tinnitus with service-connected hearing loss would add 10% only when the hearing loss itself is rated 0%. VA wrote that the proposal would have no impact on veterans already service-connected for tinnitus under DC 6260, citing 38 CFR § 3.951(a).
What VA proposed for mental health
All mental health conditions, including PTSD, depression, and anxiety, use one formula today (0, 10, 30, 50, 70, or 100%). The 2022 proposal would rate functioning in five domains: cognition; interpersonal interactions and relationships; task completion and life activities; navigating environments; and self-care. Each domain would be scored from 0 to 4 based on intensity and how often problems occur.
| Proposed rating | Proposed criteria (87 FR 8498) |
|---|---|
| 100% | A score of 4 in at least one domain, or 3 in two or more |
| 70% | A score of 3 in one domain, or 2 in two or more |
| 50% | A score of 2 in one domain |
| 30% | A score of 1 in two or more domains |
| 10% | Minimum rating for any diagnosed mental disorder (the 0% level would be eliminated) |
VA wrote that this approach "should generally lead to more generous compensation" than the current formula for some veterans. VA's regulatory agenda describes the mental disorders rule as economically significant, with an estimated budgetary impact of $24.5 billion over five years. The proposal was not uniformly favorable or unfavorable. The details of a final rule could differ from what was proposed.
We'll look at your current ratings and any conditions you haven't claimed. The review is free.
Who could be affected
- Already rated? Under 38 CFR § 3.951(a), a readjustment of the rating schedule isn't grounds to reduce a rating in effect on the date of the change, unless your condition has actually improved under the criteria in effect when it was assigned. That's not the same as "never re-examined." Ordinary improvement-based reduction rules still apply.
- Not yet claimed? Claims decided under a new schedule would generally use the new criteria for periods after its effective date.
- Filing for an increase later? An increase claim decided after a change would generally use the new criteria going forward. That could help or hurt, depending on your condition.
- Mental health claims could go either way. The proposal removes the 0% level and sets new paths to 70% and 100%.
Why filing before an effective date may matter
A final rule will say how it applies to pending claims. Under long-standing VA practice, when rating criteria change while a claim is pending, VA generally applies the old criteria to the period before the change. After that it applies the new criteria, or whichever version is more favorable when VA's rules allow. A claim or Intent to File on record before a change can therefore lock in an earlier period rated under today's criteria.
That's a reason not to put off a claim you were already planning. It isn't a reason to rush a weak one. A claim without a diagnosis or medical evidence is still likely to be denied, and an increase claim reopens your condition to a new exam. File because you have a real condition and the evidence to support it.
Separating fact from rumor
Since 2022, social media and some "claim consultants" have repeatedly said the new criteria take effect "next month" or that veterans must "file before the deadline." As of October 21, 2026, no final rule or effective date has been published. Here's how to check claims you hear:
- A real change will be in the Federal Register as a "final rule" with an effective date. Proposals, agenda targets, and news stories about them aren't final.
- VA.gov will announce it and update its rating pages.
- Watch out for anyone selling urgency. Under federal law, only VA-accredited representatives may charge for help with a VA claim, and only after VA's initial decision. You can check anyone's accreditation with VA's accreditation search. See our guide to claim sharks.
A practical checklist
- Know your current diagnostic codes and ratings. They're in your decision letters and on VA.gov.
- If you have an unclaimed sleep apnea, tinnitus, or mental health condition with good evidence, consider an Intent to File now.
- Gather sleep studies, treatment notes, and lay statements, and get a medical opinion where service connection isn't obvious.
- Don't let anyone pressure you with "file before the deadline." No effective date has been announced.
- Check back. We'll update this page with Federal Register citations if a final rule is published.
Sources
Federal Register: Proposed ENT/audiology/respiratory rule (Feb 15, 2022) · Federal Register: Proposed mental disorders rule (Feb 15, 2022) · Federal Register: Supplemental respiratory proposal (Sep 12, 2024) · Unified Agenda: RIN 2900-AQ82 · Unified Agenda: RIN 2900-AQ72 · Federal Register: Impact of Medication rule rescinded (Feb 27, 2026) · 38 CFR 3.951 · 38 CFR 4.130
This article is general information, not legal advice. VA and SSA rules change; verify current rules with VA.gov or SSA.gov or talk to an accredited representative.