The VA rates sleep apnea at 0%, 30%, 50%, or 100% under 38 CFR 4.97, Diagnostic Code 6847. Most veterans who are prescribed a CPAP machine for service-connected sleep apnea receive 50%, because the rule grants 50% when the condition "requires use of breathing assistance device such as continuous airway pressure (CPAP) machine." The VA proposed new criteria in 2022 that would rate by how well treatment works instead. But as of October 2026, that proposal has not been finalized, so the current ratings still apply.
Key Takeaways
- Current VA sleep apnea ratings: 100% (respiratory failure, cor pulmonale, or tracheostomy), 50% (CPAP or similar device required), 30% (persistent daytime sleepiness), 0% (no symptoms).
- To be rated at all, your sleep apnea must be service-connected: directly, or as secondary to another service-connected condition.
- The 2022 proposed rule would drop the automatic 50% for CPAP use. It is still only a proposal.
- If the schedule changes in the future, existing ratings generally can't be reduced just because of the new rule.
Current VA Rating Criteria for Sleep Apnea (DC 6847)
Diagnostic Code 6847 covers obstructive, central, and mixed sleep apnea syndromes. The criteria have been in place since the 1990s. As checked against the eCFR in October 2026, they are:
| Rating | Criteria (38 CFR 4.97, DC 6847) |
|---|---|
| 100% | Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or requires tracheostomy |
| 50% | Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine |
| 30% | Persistent day-time hypersomnolence |
| 0% | Asymptomatic but with documented sleep disorder breathing |
A few practical points:
- 50% is about the prescription. Under the current wording, what matters is that a breathing assistance device is required, meaning medically prescribed. Keep your sleep study, the CPAP prescription, and your treatment records.
- 30% needs documented daytime sleepiness that persists, recorded in your medical records or a VA exam.
- 100% is rare. It requires serious complications such as chronic respiratory failure with CO2 retention or cor pulmonale (right-sided heart strain from lung disease), or a tracheostomy.
- No combining with most other respiratory ratings. Under 38 CFR 4.96(a), a sleep apnea rating isn't combined with ratings for most other respiratory conditions, such as asthma or COPD. The VA assigns a single rating for the predominant disability and may raise it one level if the overall severity warrants.
The 2022 Proposed Changes (Not in Effect)
On February 15, 2022, the VA published a proposed rule in the Federal Register to update the respiratory and ear, nose, and throat sections of its rating schedule, including sleep apnea. The VA said the current criteria rate by type of treatment rather than actual impairment. It proposed rating by how well treatment works:
| Proposed rating | Proposed criteria |
|---|---|
| 100% | Treatment ineffective (as determined by sleep study) or unable to use treatment due to comorbid conditions, and with end-organ damage |
| 50% | Treatment ineffective or unable to use treatment due to comorbid conditions, without end-organ damage |
| 10% | Incomplete relief with treatment (as determined by sleep study) |
| 0% | Asymptomatic, with or without treatment |
Under the proposal, a veteran whose CPAP works well would generally be rated 0%, compared with 50% today. Status: as of October 2026 the VA hasn't published a final rule, and the eCFR still shows the original criteria. Proposed rules can be changed or withdrawn before they're finalized. If a final rule is published, it will appear in the Federal Register with an effective date.
Would existing ratings be cut?
Federal regulations protect existing ratings from schedule changes. Under 38 CFR 3.951(a), a readjustment to the rating schedule "shall not be grounds for reduction of a disability rating in effect on the date of the readjustment unless medical evidence establishes that the disability... has actually improved." Separately, ratings held continuously for 20 years or more get additional protection.
How to Get Sleep Apnea Service-Connected
The VA only compensates disabilities connected to your service. For sleep apnea, that usually happens in one of three ways:
- Direct service connection: you were diagnosed during service, or your records show symptoms in service (loud snoring, observed breathing pauses, daytime sleepiness), and a medical opinion links your current diagnosis to service. Statements from people who shared quarters with you can help document in-service symptoms.
- Secondary service connection: under 38 CFR 3.310, a condition caused or aggravated by an already service-connected disability can itself be service-connected. Veterans sometimes claim sleep apnea as secondary to another service-connected condition. These claims require a medical opinion explaining the link.
- Presumptive service connection: sleep apnea is not on the VA's PACT Act list of presumptive respiratory conditions for burn pit and other toxic exposures. So most sleep apnea claims rely on direct or secondary connection.
Every claim needs a current diagnosis, which for sleep apnea means a sleep study. See how sleep apnea is tested and the warning signs of sleep apnea.
Tips for a Stronger Sleep Apnea Claim
- Get the sleep study in your file. The VA needs a diagnosis confirmed by a sleep study, not just a symptom report.
- Document the prescription and use. Keep your CPAP prescription and compliance reports. Not using therapy can also affect your health and any future re-evaluation.
- Collect service evidence. Service treatment records, sick-call notes about fatigue or snoring, and buddy statements matter for direct connection.
- Get a clear medical opinion. A nexus opinion from a qualified clinician should explain why the condition is at least as likely as not related to service or to a service-connected condition.
- Use free help. Accredited Veterans Service Organization representatives can help you file at no cost.
Treatment Still Matters More Than the Rating
Untreated sleep apnea raises the risk of high blood pressure, heart disease, stroke, and drowsy-driving crashes, according to the NHLBI. Whatever your rating, use the treatment your doctor prescribes. If your CPAP is uncomfortable, ask about mask changes, humidification, or alternatives. Compare machines in our best CPAP machines guide, and see the newest treatments for sleep apnea. Still serving or planning to enlist? Read can you join the military with sleep apnea.
This article is general information, not legal or medical advice. VA rules change. Confirm current criteria with the VA or an accredited representative before filing.
Frequently Asked Questions
What is the VA rating for sleep apnea with a CPAP?
Under the current rating schedule (38 CFR 4.97, DC 6847), service-connected sleep apnea that requires a breathing assistance device such as a CPAP machine is rated 50%. This remains in effect as of October 2026, because the VA's 2022 proposal to change the criteria hasn't been finalized.
Did the VA change the sleep apnea rating in 2026?
No final change has been published as of October 2026. The VA proposed new criteria on February 15, 2022 that would rate sleep apnea by how well treatment works (0%, 10%, 50%, or 100%). The current eCFR still shows the original 0%, 30%, 50%, and 100% criteria.
Will my 50% sleep apnea rating be reduced if the rules change?
Under 38 CFR 3.951(a), a change to the rating schedule by itself isn't grounds to reduce an existing rating unless medical evidence shows your condition has actually improved. Ratings in place for 20 or more years have additional protection.
How do you get a 30% rating for sleep apnea?
The 30% rating applies when service-connected sleep apnea causes persistent daytime hypersomnolence (excessive daytime sleepiness) without the need for a breathing device. The sleepiness should be documented in your medical records or VA exam.
Is sleep apnea a presumptive condition under the PACT Act?
No. The VA's PACT Act list of presumptive respiratory conditions includes asthma, chronic rhinitis, chronic sinusitis, COPD, and several lung diseases, but not sleep apnea. Veterans usually need direct or secondary service connection with a medical opinion.
Can sleep apnea be rated together with asthma?
Not as two separate combined ratings. 38 CFR 4.96(a) says ratings for sleep apnea and most other respiratory conditions aren't combined with each other. The VA assigns one rating under the code that reflects the predominant disability and may raise it one level if the overall severity warrants.
Sources
- eCFR — 38 CFR 4.97, Schedule of ratings, respiratory system (DC 6847)
- Federal Register — Proposed rule: Schedule for Rating Disabilities, ENT and respiratory (Feb. 15, 2022)
- eCFR — 38 CFR 3.951, Preservation of disability ratings
- eCFR — 38 CFR 3.310, Secondary service connection
- eCFR — 38 CFR 4.96, Special provisions for respiratory conditions
- VA.gov — The PACT Act and your VA benefits
- VA.gov — Eligibility for VA disability benefits
- NHLBI (NIH) — Sleep Apnea
