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June 2024? Sleep apnea changes?

It is quite possible that changes could come this summer. However, as of this post (5/9/2024) I am not aware of anything official in The Federal Register or from the VA.

I do know that someone saw a notation on a government website related to 87 FR 8474 – Schedule for Rating Disabilities-Ear, Nose, Throat, and Audiology Disabilities; Special Provisions Regarding Evaluation of Respiratory Conditions; Schedule for Rating Disabilities-Respiratory System.

The notation gave a date in relation to “Final Action” that said 6/00/2024. I can’t explain what that means.

However, it should be placed in the context that there have been other/earlier dates for this with seemingly random “Final Action” dates including

Final Action: 1/00/2023: see https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202204&RIN=2900-AQ72

Final Action 6/00/2023: see https://mobile.reginfo.gov/public/do/eAgendaViewRule?pubId=202210&RIN=2900-AQ72

If you ever see anything interesting related to this rule on the web I’m happy to see it.

If you want to read the public comments I submitted to the VA in response to the proposed changes you can see those here: https://nexusletters.com/2022/03/04/dr-finnertys-public-comments-on-proposed-changes-to-the-sleep-apnea-rating/

The dates with the “00” format are apparently agency predictions. Per this website under Timetable Actions: (under the tab How are the terms on the Unified Agenda tab defined?):

A date displayed in the form 12/00/11 means the agency is predicting the month and year the action will take place but not the day it will occur. In some instances, agencies may indicate what the next action will be, but the date of that action is “To Be Determined.” “Next Action Undetermined” indicates the agency does not know what action it will take next.

It makes sense that changes would be released in 2024 as this was the plan in 2022. Per this Fall 2022 summary “During the March 2022 ACDC advisory meeting, VA’s Compensation Service provided an update to the VASRD modernization progress. The VASRD Program Office advised that it had received thousands of responses to the proposed regulation changes for the Mental Disorders and Respiratory/Ear, Nose, and Throat (ENT) body systems and anticipated publishing final rules in the first quarter (Q1) of FY 2024.”