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SLEEP Apnea VA Claim, Get 50% Before the CHANGES TO TAKE

In a news release posted Washinton VA proposed changes to the VA Schedule for Rating Disabilities (VASRD) specifically pertaining to the respiratory, auditory, and mental disorders body systems. The changes would incorporate medical advancements for treating certain disabilities and modern medical knowledge to more accurately compensate Veterans. Some of the proposed changes include modernizing the evaluation criteria for sleep apnea by evaluating it based on the symptoms’ responsiveness to treatment. If symptoms are fully treated by a CPAP machine or other treatment, a Veteran would be rated at 0% and not receive compensation; VA will award progressively higher percentage evaluations based upon how symptomatic the condition remains after treatment. This will bring the rating criteria for sleep apnea more closely in line with the stated purpose of the rating schedule, which is to provide evaluations based upon average impairment of earning capacity. VASRD is used to determine the appropriate level of compensation for each service-connected disability based on the severity of the condition as documented by supporting medical evidence. VA is in the process of updating all the body systems in the VASRD to reflect modern evaluative criteria based on advancements in medical terminology, diagnostics and treatment. For respiratory conditions such as asthma and chronic obstructive pulmonary disease (COPD), the proposed rules would slightly lower the requirements for a 100% rating. 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 proposed rules for mental health conditions would increase the minimum disability rating from 0% to 10%. The rule would get rid of a dated part of VASRD that prevents a Veteran from getting a 100% rating for a mental health condition if they are able to work.