The Take Care of America's Veterans Act (TCAVA) is a broad legislative package containing numerous Veteran and Veteran Caregiver provisions, including a version of the Major Richard Star Act. According to the Senate Veterans' Affairs Committee's summary on the Act, the package would also use elements of the VA's proposed disability-rating updates for sleep apnea and tinnitus to fund TCAVA. These VA rating changes, and the future implications, have generated substantial concern in the Veteran community.
The reason why Veterans and Veteran Service Organizations are talking about this is because theproposed changes involving future sleep apnea and tinnitus disability ratings are connected to the larger Veteran-benefits debate in Congress. If passed, it would have significant limitations on the future ability for Veterans to file VA compensation claims on either of these conditions. As you might suspect, both conditions are prevalent enough that they serve as a major funding component of the Take Care of America’s Veterans Act including the Major Richard Star Act. Therefore, the number of current and future Veterans that will be negatively and positively influenced by this decision is extensive.
You might be asking yourself, “what exactly is the Take Care of America’s Veterans Act and how extensive is it?” The Take Care of America’s Veterans Act is a large package containing 62 unique Veteran Acts that outline provisions relating to various Veteran issues. This is not simply a sleep apnea and tinnitus bill. Official congressional records identify both House and Senate versions of the legislation which makes following this story even more confusing. You can find the 62 separate acts of the Take Care of America’s Veterans Act and their provisions here.
You have probably heard about the Major Richard Star Act and might wonder what it has to do with the Take Care of America’s Veterans Act. The standalone Major Richard Star Act seeks to fix the current offset rule forcing medically retired combat-wounded Veterans with under 20 years of service to forfeit retirement pay when receiving VA disability. If passed, it would allow this Veteran demographic to receive both military pensions and VA disability compensation. The Major Richard Star Act currently is included as a key provision within TCAVA’s massive omnibus package; and its inclusion in TCAVA has sparked fierce funding controversy. Standalone efforts to pass the Major Richard Star Act faced procedural stalls through the legislature. Lawmakers bundled it into TCAVA to fast-track it alongside the other 62 bipartisan provisions.
The crux of the debate surrounding TCAVA is the proposed funding offset mechanism. To offset the multi-billion-dollar cost of expanding TCAVA benefits, TCAVA introduced a controversial funding mechanism altering future VA disability rating criteria and reducing payout obligations for common service-connected conditions, specifically targeting future claims of tinnitus and sleep apnea. The Congressional Budget Office and VA estimate these rating adjustments would likely reduce future disability compensation obligations by tens of billions of dollars over the next decade. While this shift would save tens of billions of dollars to be used for funding TCAVA, it would impact a broad range of prospective claimants. Prominent Veterans Service Organizations (VSOs) are divided on support for TCAVA. The Disabled American Veterans (DAV) and the Veterans of Foreign Wars (VFW) heavily criticize this funding offset approach arguing it creates a precedent of sacrificing justly earned Veterans benefits for another group of Veterans and their justly earned benefits. They support TCAVA but do not support the currently proposed funding strategy. They propose finding alternative funding options. The American Legion, along with 23 other Veteran Service Organizations, strongly supports the TCAVA and see it as a pragmatic way forward for securing benefits for Veterans, Caregivers and Survivors while recognizing it is currently the strongest opportunity to advance long sought after critical Veteran provisions that have faced years of legislative gridlock.
Under the proposed Take Care of America’s Veterans Act (TCAVA), disability ratings and compensation currently in effect are legally protected from being reduced or taken away. Therefore, if you are currently receiving VA monthly compensation for specified conditions, that will not change. However, Section 108 of the TCAVA proposes evaluation changes that significantly alter future disability claims ratings for specific conditions like tinnitus and sleep apnea. Therefore, Veterans already receiving a disability rating for conditions like tinnitus or sleep apnea keep their current payment levels. Established ratings cannot be unilaterally cut, discontinued, or adversely affected by the passage of the TCAVA. However, proposed evaluation changes for future ratings of tinnitus and sleep apnea are extensive and will likely impact millions of future Veterans. TCAVA proposes eliminating the standalone 10% disability rating for tinnitus and evaluating it as a secondary symptom tied to an underlying primary condition like hearing loss or traumatic brain injury. TCAVA further proposes ending the automatic 50% rating given for using a CPAP machine and tying the rating strictly to functional impairment after treatment. As a result, the VA anticipates future evaluations dropping to 0 or 10% from the current 50%.
Transitioning Service Members and Veterans impacted by TCAVA should compare information against VA and congressional sources to confirm accurate information, preserve their medical and service documentation, work with an accredited representative when filing or changing a VA compensation claim, and don't abandon any legitimate claim because of something seen online. Veterans and Veterans Service Organizations are divided on the funding of the TCAVA. Just remember that you don't have to understand every piece of Veteran legislation yourself. You need to know where to get reliable information and who can help you navigate your individual situation. Your Next Mission<sup>®</sup> VCS can help get you in contact with the right Veteran Service Organization that can assist you with your unique needs and circumstances.