A sweeping veterans bill moving through Congress promises expanded support for millions of veterans, caregivers, survivors, and military families. But one provision buried within the massive package has sparked a serious fight within the veterans community. The Take Care of America’s Veterans Act, commonly called TCAVA, combines more than 60 veteran-related legislative proposals into one enormous bill.
Many of those proposals have broad support. But Section 108 could change how the Department of Veterans Affairs evaluates two of the most common service-connected disabilities: tinnitus and sleep apnea. Veterans organizations are warning that the provision could ultimately reduce billions of dollars in future VA disability compensation. And a new survey suggests disabled veterans overwhelmingly want Congress to reconsider.
What Is the Take Care of America’s Veterans Act?
TCAVA is not simply a disability compensation bill. It is an omnibus package combining dozens of veteran priorities that have been debated in Congress, some for years. The legislation addresses issues involving healthcare, caregivers, survivors, disability benefits, housing, education, rural veterans, VA infrastructure, and other programs. It also includes a version of the Major Richard Star Act, legislation intended to help certain combat-disabled military retirees receive both their earned retirement pay and VA disability compensation. That issue has long attracted bipartisan support and strong backing from veterans organizations. But combining so many priorities into one package has created an uncomfortable question: Should some veterans accept reductions in future benefits to help pay for expanded benefits for others?
For several major veterans organizations, the answer is no.
Section 108 Is at the Center of the Fight
Much of the controversy revolves around Section 108, which deals with future VA disability ratings for tinnitus and sleep apnea.
Veterans groups including Disabled American Veterans and Veterans for Common Sense argue the provision could dramatically reduce compensation available to veterans who develop those service-connected conditions in the future.
According to DAV, the provision could reduce future disability compensation by an estimated $57 billion affecting approximately 1.5 million future veterans. The changes would not simply erase existing disability ratings from veterans currently receiving compensation.
That’s an important distinction.
The concern is primarily about future claims and future ratings. But for veterans organizations opposing Section 108, that distinction doesn’t make the proposal acceptable.
Their argument is straightforward: A disability caused by military service doesn’t become less legitimate simply because the veteran develops it five or ten years from now.
Why Tinnitus and Sleep Apnea Matter
These aren’t obscure conditions affecting a handful of veterans.
Tinnitus, commonly experienced as ringing, buzzing, or other persistent sounds in the ears, has historically been among the most commonly compensated VA disabilities. Military service can expose personnel to weapons fire, explosions, aircraft, machinery, engines, and other damaging noise environments. Sleep apnea is also widespread among veterans.
Recent VA research cited by veterans advocates found diagnosed sleep apnea was more than twice as prevalent among veterans as non-veterans, with deployment associated with higher odds of obstructive sleep apnea. Both conditions can significantly affect daily life.
Tinnitus can interfere with concentration, communication, and sleep. Untreated obstructive sleep apnea can contribute to cardiovascular problems, daytime fatigue, cognitive impairment, and other serious health risks. That’s why proposals involving these two conditions attract so much attention.
More Than 4,200 Veterans Were Asked What They Think …
On September 10, Disabled American Veterans released results from a survey of more than 4,200 veterans, family members, caregivers, and survivors.
The results were striking.
93% supported protecting veterans’ earned benefits. 71% opposed TCAVA unless Section 108 is removed. And 80% specifically opposed Section 108’s proposed disability compensation changes.
The survey also found strong support for another issue we’ve been following closely: the Major Richard Star Act.
Sixty-five percent of respondents said Congress should pass the full standalone Major Richard Star Act, compared with only 5% who preferred the reduced or capped version contained within TCAVA. Only 1% supported reducing future veterans disability compensation as a way of paying for the Major Richard Star Act. There is an important limitation worth acknowledging.
About 81% of respondents were DAV members, meaning the survey should not automatically be treated as a scientifically representative sample of every veteran in America. Still, more than 4,200 responses provide a significant snapshot of sentiment among veterans and families actively engaged in disability and veterans policy. And DAV says responses were broadly consistent among disabled veterans, family members, DAV members, and nonmembers.
Read the Veterans for Common Sense TCAVA analysis.
Read MOAA’s case for passing TCAVA.
Not Every Veterans Organization Wants Congress to Stop the Bill
This is where the debate becomes more complicated.
Other major veterans organizations support TCAVA despite concerns surrounding some provisions. The Military Officers Association of America, for example, argues the package contains too many important improvements to veterans programs to allow disagreements over individual provisions to derail the entire bill. Supporters point to benefits for combat-injured retirees, caregivers, survivors, rural veterans, healthcare programs, and numerous other populations. For them, the calculation is different. They acknowledge the package isn’t perfect but argue Congress has a rare opportunity to pass dozens of veteran priorities at once. And with the current Congress nearing its end, failure to act could send many of those proposals back to square one.
So the disagrement isn’t necessarily between people who support veterans and people who don’t. It’s a debate over how veterans legislation should be paid for and what compromises are acceptable when different groups of veterans could be affected differently.
The Major Richard Star Act Complicates Everything …
Perhaps nowhere is that tension clearer than with the Major Richard Star Act. DisabledVeterans.org has previously covered the long-running effort to change federal law for certain combat-disabled military retirees. Under current law, some medically retired service members with fewer than 20 years of service cannot receive the full amount of both military retirement pay and VA disability compensation.
The standalone Major Richard Star Act seeks to correct that.
TCAVA contains a modified version of the proposal.
That means lawmakers are effectively trying to solve one longstanding veterans compensation problem while critics argue another section could create a new one. For organizations opposing Section 108, veterans shouldn’t have to trade one earned benefit for another.
Would Current Disability Ratings Be Cut?
This is probably the most important question for veterans reading headlines about the controversy. The current proposal is focused on future disability ratings rather than simply taking away existing tinnitus or sleep apnea ratings from veterans already receiving compensation. Veterans should therefore be cautious about social media posts suggesting Congress is about to immediately eliminate everyone’s current tinnitus or sleep apnea benefits.
That isn’t an accurate description of what is happening. But veterans organizations opposing Section 108 argue the long-term implications remain substantial.
Today’s active-duty service members are tomorrow’s veterans.
Someone exposed to damaging noise today may not file a tinnitus claim until years from now. Someone who develops service-connected sleep apnea following military service could eventually encounter a disability rating system very different from the one veterans use today. That’s why advocates aren’t treating this simply as a future problem.
What Happens Next?
TCAVA remains part of an active congressional debate.
Veterans organizations continue lobbying lawmakers both for and against specific provisions, and the final legislation could still change before passage. That means veterans should pay attention to the actual legislative language rather than assuming every proposal currently included will become law. Section 108 could remain. It could be modified. It could be removed. Or the larger package could stall altogether.
Until Congress acts and legislation is signed into law, current VA disability rules remain in effect.
Final Thoughts …
The Take Care of America’s Veterans Act demonstrates just how complicated veterans legislation can become. There is a great deal in this package worth supporting …
- Benefits for combat-injured retirees.
- Support for caregivers.
- Improvements for survivors.
- Healthcare reforms.
- Programs affecting rural veterans and other underserved populations.
But veterans organizations raising concerns about Section 108 are asking an equally legitimate question: Should improving benefits for one group of veterans require reducing benefits available to another?
More than 4,200 veterans, caregivers, survivors, and family members just gave DAV a fairly clear answer. They want Congress to protect earned benefits. And they want the full Major Richard Star Act.
Whether lawmakers can find a way to accomplish both before this Congress ends is now the question worth watching.
Veterans concerned about TCAVA should review the legislation and follow updates from trusted veterans organizations as Congress continues debating the package.
If you receive VA disability compensation for tinnitus or sleep apnea, remember that the current proposal does not mean your existing rating has suddenly disappeared. Current VA disability rules remain in effect unless and until federal law or VA regulations change.
Stay connected with DisabledVeterans.org as we continue following TCAVA, the Major Richard Star Act, VA disability compensation, and other legislation that could affect veterans and their families.