VASRD Regulatory Radar

2026 VASRD Rulemaking Simulator & Grandfathering Sentinel

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 test your grandfathering protections under 38 CFR § 3.951.

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)

CPAP prescription automatically guarantees 50% under the current active schedule.
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%.
Statutory Protection Verdict // 38 CFR § 3.951(a)

Your Existing Rating is Permanently Protected Under Federal Law

Under 38 U.S.C. § 1155 and 38 CFR § 3.951(a), the Department of Veterans Affairs is legally prohibited from reducing an established disability evaluation solely because the rating schedule has been modified.

"A disability which has been continuously rated at or above any evaluation of disability for 20 or more years for compensation purposes under laws administered by the Department of Veterans Affairs will not be reduced... Furthermore, no disability rating awarded under a prior schedule may be reduced solely because of the readoption or amendment of the rating schedule." (38 CFR § 3.951(a))

Key Takeaway for You: If you are already rated at 50% for Sleep Apnea (Obstructive, Central, Mixed), the VA cannot reduce your percentage to 0% when the new rule takes effect. Your rating is protected unless you file an open claim for increase and the VA independently proves sustained medical improvement under 38 CFR § 3.344.

Private Veteran Sentinel

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Track your exact statutory rating milestone dates (5-Year Rule, 10-Year Rule, and 20-Year Permanence Rule) directly inside your private browser portfolio.

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VA Math & Combined Ratings

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Statement Worksheet (VA Form 21-4138 & 21-10210)

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