VA Rating Rule Updates

Proposed Rating Rule Comparison

Compare current rating criteria against proposed VASRD changes for Sleep Apnea (DC 6847) and Mental Health (WHODAS 2.0). Evaluate statutory grandfathering protections under 38 CFR § 3.951 before filing.

Federal Regulatory Watchdog // 38 CFR Part 4

VASRD Proposed Rulemaking Simulator

Simulate the pending VASRD schedule changes and read what 38 CFR § 3.951 says about ratings in effect on the date of a schedule change.

Docket: VA-2022-VBA-0009
1. Under Current Schedule (1996 Rules)

Automatic 50% rating under the 1996 schedule upon prescription and required nightly use of CPAP.

2. Under Proposed Schedule (Pending VASRD Rule)

Under the proposed rule, if a CPAP fully relieves daytime sleepiness and normalizes oxygenation, the rating is 0%.

Current Rating ScheduleActive Regulation
50%Service-Connected Rating

Requires continuous breathing assistance device (CPAP / BiPAP)

DC 6847 lists 50 percent for sleep apnea that requires use of a breathing assistance device such as a CPAP machine. See 38 CFR 4.97.
Proposed Future ScheduleProposed Rule
0%Projected Under New Rules

Responsive to treatment / CPAP effective with normal daytime function

If CPAP fully resolves symptoms with zero residual daytime fatigue, the proposed evaluation drops to 0%.
What 38 CFR § 3.951(a) says

What the regulation says about ratings in effect on the date of a schedule change

38 CFR § 3.951(a) says a change to the rating schedule is not by itself grounds to reduce a rating in effect on that date, unless medical evidence shows actual improvement.

"A readjustment to the Schedule for Rating Disabilities shall not be grounds for reduction of a disability rating in effect on the date of the readjustment unless medical evidence establishes that the disability to be evaluated has actually improved." (38 CFR § 3.951(a))

This tool shows the schedule text only. It does not decide how any regulation applies to a particular rating or claim.

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