You may have heard that the VA is thinking about updating disability ratings for conditions like sleep apnea, mental health issues, tinnitus, and others. If so, you might be wondering when those rule changes will go into effect and how they may influence your benefits.
The VA rulemaking process, like many processes within the VA, can be complex and lengthy. Some proposed rules have been discussed for years without becoming final, while others suddenly finalize without any warning at all. This makes it hard to know what’s going to happen and when, and can cause anxiety about the future of your VA benefits.
Don’t fight the VA alone
In this article, we explain how the VA rulemaking process works and what we currently know about the proposed VA rating changes.
Key Takeaways
- The VA has proposed rule changes to mental health, sleep apnea, and tinnitus, among others, that have yet to be finalized.
- It’s hard to know why a rule may take so long to go into effect. VA rulemaking can be delayed by things like how economically significant a rule is, if it’s controversial, how complex it is, and a number of political factors.
- You can check the status of the VA sleep apnea rule change or other VA rule changes on the Federal Register’s website.
In this article about proposed VA rating changes:
How the VA rulemaking process works
All VA disability rules and regulations are listed in a set of federal guidelines called the Code of Federal Regulations (CFR). This is where final rules set by U.S. federal departments and agencies are codified, or made official.
When the VA wants to update or create a new rule, it generally has to follow a step-by-step process.
There are two ways the VA may decide to begin the rulemaking process. In some instances, Congress will pass a law directing the VA to take action on a certain issue. More often, however, the VA will decide on its own which rules need to be changed or introduced.
When deciding which rules to prioritize, the VA will consider factors such as updated research or technologies, recommendations from Congressional committees, petitions from corporations or members of the public, presidential directives, requests from other agencies, and more.
Next, the VA publishes the proposed rule. This proposed rule is called a Notice of Proposed Rulemaking (NPRM), and is published in the Federal Register. The Federal Register is different from the CFR in that it publishes proposed and final rules as well as other government notices. The CFR only includes final, effective regulations.
The NPRM explains what changes the VA wants to make and why. It also usually gives the public an opportunity to respond with any comments or concerns they may have. This is called the comment period, and anyone, veteran or not, can submit feedback during this time.
After the comment period ends, the VA will review public feedback, expert opinions, and other evidence before issuing a decision. It will then move forward with its original plan, make changes to the proposal, or cancel it altogether.
If the VA decides to proceed, the rule will be published in the Federal Register and go into effect generally no less than 30 days later. Once it takes effect, it is added to the CFR and becomes an official regulation.
It’s important to note that while this is the typical order of the VA’s rulemaking process, in certain circumstances, the VA is allowed to add or skip steps.
Proposed VA rating changes
Between February 2022 and fall of 2025, the VA proposed several rule changes that could potentially impact VA ratings for thousands of veterans if and when they are finalized. Below we list what has been proposed and what we know so far.
VA mental health rating changes
In February 2022, the VA proposed to revise the rating criteria for mental health conditions. If finalized, these changes would:
- Raise the minimum mental health rating from 0% to 10%
- Remove a rule that can prevent veterans from receiving a 100% rating for a mental health condition if they are still able to work
- Update the rating criteria to better reflect how mental conditions affect a veteran’s ability to work
- Combine the Rating Formula for Eating Disorders with the General Rating Formula for Mental Disorders
VA sleep apnea rating change
Right now, the VA rates sleep apnea at 0%, 30%, 50%, or 100% even if it is well-controlled with treatment. Under the current rules, any veteran who uses a CPAP machine will typically receive at least a 50% rating.
If the VA sleep apnea rating change goes into effect, the VA would instead evaluate the condition based on how severe the condition is after treatment. In other words, if your sleep apnea is asymptomatic while using a CPAP machine, you would receive a 0% rating.
Veterans would only receive a sleep apnea VA rating of 10% or higher if the treatment does not work or if they’re unable to receive treatment because of another condition.
VA tinnitus rating change
Included in the proposal that seeks to change the rating for sleep apnea is a proposal to change the rating for tinnitus.
Under current rules, veterans with service-connected tinnitus can receive a 10% rating.
If the VA tinnitus rating change goes into effect, tinnitus would no longer have its own diagnostic code. Instead, veterans would only qualify for a rating if their tinnitus is linked to another service-connected condition. Tinnitus would be rated as a symptom of another illness or injury rather than as its own condition.
It is important to note that this change would not affect veterans already receiving a tinnitus rating.
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Other proposed VA rule changes
There are several other, less talked about VA rule changes currently in the pipeline.
For example, the VA has proposed updates that would:
- Use clearer, more up-to-date language for rating neurological conditions and convulsive disorders
- Add a diagnostic code for constrictive bronchiolitis
- Expand the list of conditions linked to Agent Orange exposure, along with new locations and timeframes that qualify for presumptive service connection
The VA is also working on updates related to the PACT Act. These changes would:
- Remove the manifestation period and minimum evaluation requirements for Gulf War claims based on undiagnosed illnesses and medically unexplained chronic multi-symptom illness (MUCMI)
- Expand the definition of a Persian Gulf veteran
- Update the locations that qualify for a presumption of toxic exposure
- Add new conditions linked to burn pits and other toxic exposures
If you want to check the status of any proposed VA rule, you can visit the Federal Register’s website or regulations.gov. We will also share updates on our blog and social media as soon as changes happen so you can stay informed without having to sort through complicated legal language.
Why do some rules take so long to go into effect?
It’s difficult to pinpoint exactly why a specific rule may take so long to go into effect. VA rulemaking can be delayed by a number of things, including how economically significant a rule is, if it’s considered controversial, how long or complex it is, and a number of political and interagency factors.
For example, if the government decides a proposed rule could have significant economic impact or affect important policy issues, it has to go through an extra step or two. These rules have to be reviewed by the president and the Office of Information and Regulatory Affairs (OIRA) before they can be finalized and added to the CFR.
In certain circumstances, this executive-level review also needs to happen before the proposed rule makes it to the Federal Register, meaning some rules have to go through this process twice and take even longer to complete.
There are also cases in which the process may move more quickly than normal. For example, historical trends suggest a tendency for the rulemaking process to speed up significantly during a presidential election year.
In short, there is unfortunately no way of knowing how long it will take for a rule to go into effect. But understanding the process and knowing which rule changes may impact your benefits can help you be prepared for when it does.
How Woods & Woods can help
At Woods & Woods, we are committed to staying up to date on the latest VA news and keeping our clients in the loop about any changes that may affect their benefits. Although we can’t predict exactly when the proposed VA rating changes will become finalized, you can count on us to publish straightforward updates on our blog, social media, and in our weekly email newsletter. You served your country, and now we want to serve you. Call us today for a free case evaluation. You won’t pay us a dime unless we win your case.
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Frequently asked questions
Because federal rule changes can be delayed by various complex political factors, it is unclear when the VA sleep apnea rating change will go into effect. You can check the status of this proposed rule here or on the Federal Register’s website.
If finalized, the VA mental health rating changes would:
– Raise the minimum mental health ratings from 0 to 10%
– Remove a rule that can prevent veterans from receiving a 100% rating for a mental health condition if they are still able to work
– Update the rating criteria to better reflect how mental conditions affect a veteran’s ability to work
– Combine the Rating Formula for Eating Disorders with the General Rating Formula for Mental Disorders
Neil Woods
Neil Woods is a VA disability attorney and the owner and president of Woods & Woods. He received his law degree from Western Michigan University.
