A CPAP prescription currently means an automatic 50% VA disability rating for sleep apnea. That’s the rule today. The VA has been trying to change it since 2022, but the outcome is still uncertain. If your sleep apnea is related to your military service, it’s more important than ever to understand both the current regulations and what might replace them.

How the VA Rates Sleep Apnea Under DC 6847

The VA rates sleep apnea under 38 CFR § 4.97, Diagnostic Code 6847, which covers obstructive, central, and mixed sleep apnea syndromes as a single category. There are four possible outcomes:

• 0 percent: the patient is diagnosed but asymptomatic
• 30 percent: there is persistent daytime hypersomnolence, which means documented, ongoing sleepiness during the day
• 50 percent: a CPAP machine or other breathing assistance device is required. This is the most common outcome for veterans who file
• 100 percent: chronic respiratory failure, cor pulmonale, or a tracheostomy is required. This is rare, but it does happen

A sleep study alone won’t get you a rating. The VA looks at what treatment your condition actually requires, not just the diagnosis on paper.

Proving the Connection to Your Service

Some veterans develop sleep apnea directly during service, due to weight gain after an activity-limiting injury or exposure to burn pits. A direct connection is possible, but it is not the most common path.

More often, sleep apnea appears as a secondary condition linked to PTSD, traumatic brain injury, or musculoskeletal disability, leading to inactivity and weight gain. VA regulations allow this under 38 CFR § 3.310, connecting a condition directly caused or exacerbated by a service-connected disability. If PTSD medication causes weight gain and this leads to sleep apnea, the chain of events supports a secondary claim. The VA even recognizes obesity as an intermediate step in these cases.

The Evidence That Actually Moves the Needle

Winning a sleep apnea claim depends on documentation. Three things are most important:

• A sleep study (polysomnography) confirming the diagnosis and its severity. Without this, there is no claim.
• A letter from a treating physician linking the sleep apnea to the service. Generic language is not helpful; it must explain the medical reasoning behind the link.
• CPAP compliance records. Downloaded reports showing regular use can strengthen a claim, while their absence can give an examiner an easy reason to deny the claim.

Buddy statements describing snoring, gasping, or exhaustion can round out the picture, especially for claims filed years after discharge.

A Proposed Rule Could Cut That 50 Percent Number

VA proposed an overhaul of DC 6847 in a Notice of Proposed Rulemaking published on February 15, 2022, followed by a supplemental proposal in 2024. The main idea: to rate sleep apnea based on how well the treatment actually works, rather than whether a CPAP has been prescribed. This would mean that most veterans whose CPAPs control their symptoms would be placed in the 10% tier, instead of the 50%, and the 30% tier would no longer exist.

No final rule has been published at this time. Current criteria still apply to claims filed today. Veterans who have already been rated are expected to be grandfathered in. The VA cannot simply lower an established rating due to schedule changes. It is impossible to say with certainty when or whether those changes will take effect.

What to Do If the VA Denies or Underrates Your Claim

A denial or a low rating is not the end of the process. Veterans have three options to challenge a decision under 38 CFR § 3.2500: filing a supplemental claim with new evidence, requesting a higher-level review from a different adjudicator, or appealing to the Board of Veterans’ Appeals. Each option has its own timeframe and strategy. If you file the wrong option or fail to address why the first decision was against you, you may waste time that you cannot get back.

Take Action Now

You served this country. In return, it owes you a fair evaluation of the conditions that resulted from that service, not run around. Sleep apnea claims are won or lost on documentation and timing, and both are things that an experienced advocate can help you with getting right the first time. At Veterans Benefits Law Group, PLLC, we understand how frustrating and confusing this process can be, and we are built to carry that weight, so you don’t have to. If your sleep apnea is related to your military service, contact us for a free case evaluation to find out exactly what your situation is.