Proposed Changes to VA Sleep Apnea Disability Ratings Explained
The VA is considering major changes to how sleep apnea is rated for disability compensation. The proposal would shift the focus from whether a Veteran uses a CPAP machine to how much impairment remains after treatment, which could significantly change how some claims are evaluated.
If you have sleep apnea connected to your military service and need guidance on a claim or appeal, Capovilla & Williams can help. Call 866-951-0466 or contact us through our consultation form to speak with our team.
How Sleep Apnea Is Currently Rated by the VA
The VA rates sleep apnea under Diagnostic Code 6847 in 38 C.F.R. § 4.97. The current system places heavy emphasis on whether a Veteran requires a breathing assistance device.
As of March 2026, ratings generally include:
| VA Rating | Criteria |
| 0% | Diagnosed sleep apnea but symptoms are minimal |
| 30% | Persistent daytime hypersomnolence (excessive sleepiness) |
| 50% | Requires use of a breathing assistance device such as a CPAP |
| 100% | Chronic respiratory failure, cor pulmonale, or need for tracheostomy |
Because of this structure, many Veterans receive a 50% disability rating once they’re prescribed a CPAP machine.
Why the VA Wants to Change Sleep Apnea Ratings
The proposed change is part of a broader effort to modernize the VA Schedule for Rating Disabilities, much of which hasn’t been updated since the mid-20th century.
According to the VA, advances in medical treatment mean that some Veterans with sleep apnea may function relatively well once their condition is treated. The agency says the current system focuses too much on the type of treatment used, rather than the actual level of disability that remains after treatment.
How the Proposed Sleep Apnea Ratings Would Work
The VA’s modified sleep apnea proposal would move away from the CPAP-based model and instead evaluate how well treatment controls the condition.
Here’s how it would work under the proposed framework:
- 0% rating: Sleep apnea is asymptomatic after treatment.
- 10% rating: Symptoms remain but are partially controlled with treatment.
- Higher ratings (including 50%) would generally apply only if:
- Treatment is medically ineffective, or
- A comorbid condition prevents the Veteran from using treatment such as a CPAP.
Put simply, using a CPAP alone would no longer automatically qualify a Veteran for a 50% rating.
What This Change Could Mean for Veterans
One major concern is whether these changes could reduce existing benefits.
VA regulations generally state that a change in the rating schedule alone cannot automatically reduce a Veteran’s disability rating. Reductions usually require evidence that a condition has materially improved, along with specific procedural protections.
Additional safeguards apply depending on how long a rating has been in place:
- Ratings in effect for five years or longer receive stabilization protections.
- Service connection is generally protected after ten years, absent fraud.
However, questions remain about how the new criteria could apply if a Veteran later seeks an increase, reevaluation, or files a new related claim.
Are These Changes to Sleep Apnea Ratings Final?
No. The VA has not implemented the proposed changes.
Following concerns raised by Veterans service organizations and lawmakers, the VA announced it is reviewing public comments and pausing implementation while evaluating the proposal. For now, the current sleep apnea rating criteria remain in effect.
Getting Help with a Sleep Apnea VA Disability Claim
Sleep apnea claims can become complicated, especially when medical evidence, secondary conditions, and evolving VA regulations are involved. At Capovilla & Williams, we stay ahead on all new VA ratings proposals and how changes to the ratings schedule or other policies could affect Veterans like you.
If you are dealing with a sleep apnea disability claim or appeal, call 866-951-0466 or contact us through our consultation form to discuss your case.
