When do you get a “new” battery?
my battery has a useable capacity off 68kW and a max with the brick safety 73kW off the original Model S 85
At the moment, my understanding is that they will not give you the time of day unless the car is displaying a fault.
In the future they may be told to fix the problem by someone with the ability to impose penalties if they don't. In the future they may fix it themselves (with a gratis or pro-rated or exorbitantly expensive battery replacement). In the future they could continue to follow the same "GFY" repair posture.
There are strong, obvious reasons for each of these options to be "what's going to happen".
The current value of the 85kwh cars is impacted and their usability is anywhere from severely impacted to not impacted at all, depending on your desired usage. For me, the impact would be minimal because I almost never drive the car long distances and almost never supercharge, though it *would* add an hour or more to one particular trip I make every 6-8 months (drive from boston to vermont to buy a crapton of beer) and probably prevent me from taking the car on road-trip vacations.
For others, if you drive or want to drive 200+ miles in a day, the impact basically ruins the car, especially if you're trying to get between distant superchargers that are now impossible to get to, or that can only be reached by charging the battery to 98+% and taking 2+ hours to do so.
There's not much to do other than wait, and potentially if you're so inclined, find the group that's running the class-action suit, and / or potentially register complaints with the app every 2 months that the battery is getting worse and worse.
Otherwise, stay safe out there and try to stay sane....