Struggling With Sleep Apnea After Service? Here’s How to Get the VA Benefits You’ve Earned
You’ve been diagnosed with sleep apnea—or suspect the gasping, exhaustion, and brain fog you live with every day might be tied to your military service. You’ve already struggled through doctor visits, restless nights, and unanswered medical opinions. But your sacrifice shouldn’t be meaningless, and the VA does award disability for sleep apnea when you build the right case.
If you’re tired of fighting for the benefits you’ve earned, Capovilla & Williams is here to help. Call 855-442-6213 or contact us today for a free consultation. There’s no out-of-pocket cost for the veterans we represent.
How Does Sleep Apnea Qualify for VA Benefits?
To get VA disability for sleep apnea, you must get a medical diagnosis, evidence linking it to military service, and documentation of the condition’s severity and your treatments.
- Current Medical Diagnosis
A formal diagnosis is typically confirmed via a sleep study (polysomnography or equivalent). The VA will not accept only symptoms, like snoring or fatigue, without objective medical evidence.
- Evidence Linking Sleep Apnea to Military Service
Sleep apnea is not currently a presumptive VA condition under 38 U.S.C. § 3.309, so you must show a “service connection” that is either direct or secondary:
- Direct: symptoms or onset began during service.
Secondary: sleep apnea was caused or aggravated by another service-connected condition (e.g., PTSD).
You also need a medical “nexus” opinion that ties your condition to your service.
- Documentation of Severity and Treatment
The VA needs proof of how severe your condition is and how it’s managed. Key evidence includes:
- Sleep study results (e.g., apnea-hypopnea index, oxygen desaturations)
- Records of treatment or use of a breathing device (CPAP, BiPAP, etc.)
- Medical notes documenting symptoms (daytime sleepiness, breathing interruptions, complications)
What Are the VA Disability Ratings for Sleep Apnea?
Sleep apnea is rated at 0%, 30%, 50%, or 100% under Diagnostic Code 6847 in 38 C.F.R. § 4.97 (Respiratory System).
| VA Rating | Key Criteria | What It Means |
| 0% | Documented sleep-disordered breathing (diagnosis confirmed) but no symptoms (or symptoms not sufficiently severe) | You don’t receive monetary compensation, but the condition is recognized and may support secondary claims |
| 30% | Persistent daytime hypersomnolence (excessive daytime sleepiness) | Requires medical evidence showing that daytime sleepiness impairs functioning, not just mild fatigue |
| 50% | Requires the use of a breathing assistance device (e.g. CPAP, BiPAP) | Most commonly awarded rating; VA’s regulation guidance and its M21-1 manual state that use of CPAP in itself supports a 50% evaluation under DC 6847 |
| 100% | Chronic respiratory failure with carbon dioxide retention, cor pulmonale, or need for tracheostomy | Highest rating for very severe complications of sleep apnea |
Under 38 C.F.R. § 4.96, you cannot combine respiratory ratings (asthma + sleep apnea). Instead, the VA assigns a single rating for the predominant condition.
When Does the Sleep Apnea Diagnosis Need to Happen for Compensation Eligibility?
The diagnosis of sleep apnea can occur after service, so long as you show through evidence that it was linked to your time in the military. Under 38 C.F.R. § 3.303(d), the timing of the diagnosis alone doesn’t disqualify you.
What matters is establishing the connection between your current sleep apnea and your military service. In many cases, compensation can be paid retroactively to the date you filed your claim.
What If Symptoms Started During Service but the Diagnosis Came Later?
You’ll need to show the onset of symptoms in service and continuity over time, bridging the gap between symptoms and the later diagnosis. Useful evidence includes:
- Service medical records (e.g., complaints of snoring, fatigue, breathing difficulty)
- Personnel or sick call entries in service files
- Lay statements (spouse, roommate, fellow soldiers) about sleep disturbances or daytime sleepiness
- Medical opinions explaining how those early symptoms logically developed into diagnosed sleep apnea
Showing how the condition persisted over time strengthens your claim, even with a delayed diagnosis. VA usually considers all relevant lay and medical evidence when judging whether a post-service diagnosis is linked to time in service.
Who Can Diagnose Sleep Apnea for VA Claims?
A qualified medical professional must diagnose sleep apnea, including board-certified sleep specialists, pulmonologists, primary care physicians, VA healthcare providers, or private healthcare providers. However, if you want to be eligible for VA disability compensation, the diagnosis must be confirmed by a sleep study according to the M21-1 manual, V.iii.4.A.2.a.
What Happens During a C&P Exam?
The C&P (Compensation & Pension) exam is a VA-ordered medical evaluation used to help determine whether your sleep apnea is service-connected and to assess its severity. Before the exam, the examiner should review your C-file (your VA claim file), medical records, and any submitted evidence.
During the exam, expect:
- Questions about your sleep history, symptoms (snoring, daytime sleepiness, choking or gasping) and functional impact
- Review of diagnostic data (sleep study results, oxygen saturations, apnea-hypopnea index)
- Questions about whether you use CPAP or another breathing assistance device, compliance, and side effects
- Assessment of how your condition affects daily activities, work, concentration, and safety
- Completion of the Sleep Apnea Disability Benefits Questionnaire (DBQ) form, which documents diagnosis, symptoms, treatment, and functional limitations
The C&P examiner provides a medical opinion, but doesn’t decide your VA rating or grant service connection. The VA regional office uses the combined evidence (exam, medical records, lay statements) to make that decision.
How Secondary Conditions Can Strengthen Your Sleep Apnea Claim
Showing that sleep apnea causes—or is caused by or worsened by—other VA-rated conditions can boost your overall disability rating, support service connection, and unlock extra compensation.
What Conditions Are Commonly Secondary to Sleep Apnea?
- Erectile dysfunction (ED): Sleep apnea can impair oxygenation and hormone balance, contributing to ED.
- Hypertension (high blood pressure): Repeated drops in oxygen and autonomic stress from apnea episodes are well-documented contributors to hypertension.
- Heart disease / cardiovascular problems: Sleep apnea exacerbates cardiac strain, arrhythmias, and ischemic disease risk.
- Cognitive impairment: Chronic sleep disruption and hypoxia may lead to deficits in memory, concentration, or executive function.
- Depression and anxiety: Sleep apnea’s impact on sleep quality and daily energy can worsen or precipitate mood disorders.
What Conditions Can Cause or Aggravate Sleep Apnea (as Secondary Causes)?
- PTSD (Post-Traumatic Stress Disorder): One of the most frequent secondary links, PTSD is known to disrupt sleep patterns, increase arousal, and is a common basis for VA granting sleep apnea as secondary.
- Traumatic Brain Injury (TBI): Brain injury may affect respiratory centers or sleep regulation, making it a plausible link to central or mixed sleep apnea.
- Rhinitis / Sinusitis / Deviated Septum: Chronic nasal or upper airway obstruction can worsen or precipitate obstructive sleep apnea.
- GERD (Gastroesophageal Reflux Disease): Reflux can irritate the airway, contribute to inflammation, or worsen breathing during sleep.
Why Establishing Secondary Connections Matters
By connecting sleep apnea to other service-connected conditions (or vice versa), you not only strengthen your argument for VA recognition but also increase your overall combined disability rating. It potentially leads to higher monthly compensation and broader benefits.
Tips for Improving Your VA Disability Sleep Apnea Claim
To increase your chances of a successful sleep apnea claim, you should get a current sleep study, use and document CPAP compliance, and collect service records showing symptoms or risk factors. You should also obtain a nexus letter from a qualified doctor and write a detailed lay statement.
What You Can Do to Strengthen Your Claim
- Get a current sleep study: If you don’t already have one, get an up-to-date polysomnography or equivalent study. VA expects objective evidence of your condition.
- Use your CPAP (or breathing device) consistently: Use it as your healthcare provider instructed, keep usage logs or downloads, and have your physician document your usage as well.
- Gather your service medical records: Look for documentation of snoring, fatigue, respiratory problems, or risk factors (e.g., weight gain, nasal obstruction) in your service file.
- Obtain a nexus opinion: Ask a qualified medical professional to provide a written opinion stating that your sleep apnea is “at least as likely as not” related to your military service or to a service-connected condition.
- Write a detailed personal statement: Describe when symptoms began, how your daily life is affected (energy, concentration, mood, accidents), and tie those to your service or post-service experience.
Mistakes You Should Avoid
- Waiting too long to seek treatment: Delaying evaluation or therapy lets the VA question the severity of your condition.
- Poor CPAP compliance: Inconsistent use or gaps without explanation weaken the link between diagnosis and effect.
- Failing to document symptom history: If you can’t show symptoms over time (service and post-service), the VA may see your condition as new or unrelated.
- Not mentioning secondary conditions: If another service-connected disability (e.g., PTSD, obesity) contributes to or aggravates your sleep apnea, include it. You may claim sleep apnea as secondary.
- Missing or skipping your C&P exam: Failing to attend or refusing parts of the C&P exam can doom your claim; the examiner’s evaluation and DBQ often carry substantial weight.
How Capovilla & Williams Can Help You Get the Benefits You Deserve
Sleep apnea can take more from you than sleep. It affects your energy, focus, relationships, and mental health, too. For veterans, it often traces back to service-related stress, injuries, or conditions like PTSD. The VA system is supposed to recognize that connection, but too often, valid claims get underrated or denied because the evidence wasn’t presented the way the VA requires.
Our team at Capovilla & Williams knows how to build strong medical and legal arguments, gather the right documentation, and make sure your story is fully heard. Call 855-442-6213 or send us a message via our contact form for a free consultation. We’ll fight to get you the rating and compensation you deserve.
