LI veterans concerned about proposed bill that would reduce benefits for service-connected tinnitus and sleep apnea care

Shaun Thompson, of Lido Beach, spent four years serving in the U.S. Army, including a tour in Iraq during the first Gulf War.

When Thompson, now 56, returned home to Long Island, he was diagnosed with post-traumatic stress disorder, a severe case of sleep apnea, in which he stops breathing for about 10 seconds for every minute he's asleep, and tinnitus, a ringing of his ear.

While those conditions eventually forced him to stop working a telecommunications job in the private sector, Thompson and his family were comfortable in the knowledge that his ailments would always be covered by the Department of Veterans Affairs.

But that may not be the case for much longer for service-disabled veterans who have yet to file disability claims for two of those conditions.

A draft rule, first proposed by the VA, and included in a bill introduced this month by House and Senate Republicans, would significantly limit compensation for service-connected tinnitus and sleep apnea.

"It may be the best way to save money, but it's also not taking care of the soldiers that have it," said Thompson, who struggles with significant hearing loss because of damage to his eardrum. "It's really horrible."

'It's costing them money'

The benefit cuts are buried deep in the 554-page Take Care of America’s Veterans Act, a collection of more than 60 bills connected to veterans care, including the highly popular Major Richard Star Act, which would, for the first time allow service members forced to retire early due to combat-related injuries to collect their full military retirement and their VA disability benefits.

But veterans’ advocates on Long Island argue the bill robs Peter to pay Paul by ending or sharply reducing benefits associated with service-connected tinnitus and sleep apnea.

The measure, critics say, would limit benefits for 1.5 million veterans, saving an estimated $57 billion in future disability payments over the next decade.

The changes, the law stipulates, would apply to all new claims as well as any reassessments or re-evaluations of existing disability claims.

"They’re trying to balance the budget off disabled veterans," said Patrick Donohue, of Islip, a veterans attorney and advocate with Project 9 Line, which helps former military members transition back to civilian life.

Tinnitus is the most common service-connected disability recognized by the VA, with an estimated 3.6 million vets receiving benefits for this condition, according to Senate Democrats

The proposed change would eliminate tinnitus as a stand-alone disability, instead requiring veterans to be service connected for an underlying disease related to hearing loss.

More than 763,000 veterans, Democrats said, also receive VA benefits for service-connected sleep apnea. The proposal would provide compensation for sleep apnea only if use of a CPAP machine is ineffective or the vet is unable to use the device.

"The reason they're trying to take these away is very simple: because we all have it," said Donohue, who spent six months with the Army's 101st Airborne Division near a burn pit in Afghanistan that left him with a noncancerous brain tumor and who successfully fought a 2022 effort by the Biden administration to make similar changes to the VA’s rating schedule. "They've made us all sick. We’re all dying young. And we all have this crazy ringing in our ears. And so, it's costing them money."

The Department of Veterans Affairs did not respond to requests for comment.

Opposition mounting

House and Senate Republicans contend the legislation will deliver improvements to healthcare, benefits and services for millions of veterans.

"The Take Care of America’s Veterans Act provides comprehensive reforms to improve health care and benefits for millions of veterans, their families and survivors," Jerry Moran (R-Kan.), chairman of the Veterans Services Committee, said in a statement.

In 2022, the VA first proposed — then rescinded — a rule to update its schedule of rating disabilities for future beneficiaries seeking compensation for service-connected sleep apnea and tinnitus.

Those changes, which have now been reintroduced, would align those ratings with new medical advances; apply only to future claims and not reduce existing veterans’ service-connected disability ratings for these conditions, supporters contend.

A letter sent last month by 47 Senate Democrats and independents to VA Secretary Doug Collins cited "strong opposition" to the change.

"Whether implemented through regulation or enacted by Congress, these cuts would strip disabled veterans of earned compensation and health care benefits — they should be rejected outright," the letter states.

The measure is also opposed by 22 labor unions representing hundreds of thousands of VA employees, along with many advocacy groups for veterans nationwide.

"Today it’s tinnitus and sleep apnea. Tomorrow it could be PTSD, migraines, toxic exposure conditions, or any other disability that becomes a tempting budget target," Kyleanne Hunter, chief executive of Iraq and Afghanistan Veterans of America, said in a statement last month. "Congress should not set the precedent that earned disability compensation can be reduced whenever lawmakers need an offset."

John Rodriguez, 47, who grew up in Bay Shore, served in the U.S. Army and was deployed to battle in Iraq. He was later diagnosed with tinnitus, which caused frequent distractions and issues with concentration, Rodriguez said.

And while Rodriguez does not believe he will lose his benefits as a result of the change, he worries about soldiers returning home in the future with the some ailment.

"They're taking money from disabled veterans to support other disabled veterans, and it just doesn't make any sense," he said. "Other people are going to suffer at the hands of this."

By Robert Brodsky

robert.brodsky@newsday.com@BrodskyRobert

Robert Brodsky is a breaking news reporter who has worked at Newsday since 2011. He is a Queens College and American University alum.