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Obstructive sleep apnea — breathing stops during sleep — is rated almost entirely on whether a breathing-assistance device (CPAP) is required. This guide quotes the actual rating criteria from 38 CFR Part 4 for diagnostic code 6847, explains what the C&P examiner measures, covers the presumptive and secondary routes to service connection, and lists the reasons these claims come back denied — and how each gets fixed.
How the VA rates sleep apnea in 2026 — the exact criteria
These are the criteria a VA rater applies, quoted from the rating schedule (§ 4.97). Your rating is the highest level whose wording your evidence meets — and evidence that never uses these words tends to be rated at the bottom.
DC 6847 — Sleep Apnea Syndromes (Obstructive, Central, Mixed)
| Rating | Criteria (38 CFR Part 4 wording) |
|---|---|
| 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 |
There is no 10, 20 or 40 percent level. A diagnosis by sleep study is required for any rating.
VA has published a proposed rule that would re-key this code to treatment effectiveness rather than CPAP use. Until a final rule takes effect, the criteria above are the law — check eCFR before relying on the 50 percent level.
Honest ceiling: 50% once a CPAP is prescribed.
What the C&P examiner measures
The examiner confirms the sleep-study diagnosis, whether a CPAP or other breathing-assistance device is required, and daytime hypersomnolence. Without a sleep study of record, the exam may order one — say clearly that you stop breathing at night (and who has seen it) and that you fall asleep during the day.
The questions that get at the rating criteria — answer them for yourself before the exam:
- Has anyone ever told you that you stop breathing at night?
- Do you wake up feeling like you never slept?
- Ever fallen asleep somewhere you shouldn't have — driving, at work, mid-conversation?
Service connection: presumptive, direct, or secondary
Sleep apnea is not presumptive. The usual routes are direct (in-service witnesses to snoring and apneas, or a sleep study close to separation) and secondary to service-connected PTSD/depression, sinusitis or rhinitis, or weight gain from medication for a connected condition.
Every service-connection claim has three legs: a current diagnosis (the C&P exam can supply it), an in-service event, injury, exposure or an already-connected condition, and a link between the two — which the VA's own examiner addresses at the exam for direct and secondary claims, and which the law supplies for presumptive ones. You do not need a private opinion to file; you need one only if the VA denies for lack of nexus, and a supplemental claim within one year keeps your effective date.
Secondary conditions veterans miss
This condition is more often the secondary in a chain than the anchor — see the secondary-claims guides for the recognized pathways.
What the medical literature says
Sharafkhaneh A. et al., Sleep 28(11):1405-11 (2005) — Association of psychiatric disorders and sleep apnea in a large cohort
VA cohort of 4M+ veterans: sleep apnea carries significantly higher rates of PTSD, depression and anxiety. Why it matters: OSA secondary to MH — the VA’s own population data.
Colvonen P.J. et al., Journal of Clinical Sleep Medicine 11(5):513-8 (2015) — OSA and PTSD among OEF/OIF/OND veterans
69% of veterans in a VA PTSD clinic screened high-risk for OSA — young vets without classic OSA predictors. Why it matters: Counters "he’s too young / not heavy enough for OSA."
Why sleep apnea claims get denied — and the fix
- No sleep study of record — the VA cannot rate a diagnosis that does not exist; get the study.
- Secondary claim denied because the examiner said obesity is the "sole cause" — the medical literature on PTSD, medications and OSA answers this (Walsh v. Wilkie, 2020, on obesity as an intermediate step).
A denial is a grade on the evidence packet, not a verdict on you. Filed as a supplemental claim within one year, the fix keeps your original effective date.
Filing it right the first time
- Intent to File first. It locks your effective date for a year — back pay runs from that day, not from the day the package is ready.
- File everything at once. Every condition with a real symptom and a plausible route — direct, presumptive, secondary, increase — goes in one claim. The VA's duty to assist schedules the exam and pulls your records; a condition held back "for more evidence" only starts its clock later.
- Your statement in the criteria's words. A Statement in Support of Claim (VA Form 21-4138) that describes your worst days and your typical days using the language in the table above is the evidence the rater reads first.
- Your records. VA records through Blue Button, decision letters and code sheet from VA.gov, and private records from each doctor's office or patient portal — or a signed 21-4142 so the VA pulls them.
- Prepare for the exam. Know what the examiner measures (above) and answer honestly, including the bad days.
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See If You Qualify →Frequently asked questions
What is the VA rating for sleep apnea?
Sleep Apnea is rated under diagnostic code 6847 (§ 4.97) at 0%, 30%, 50%, 100%. The percentage depends on which criteria in the rating schedule your evidence meets — the full table is on this page.
What is the highest VA rating for sleep apnea?
The highest schedular rating available is 100%. Typical grants land around 50%, but every case is decided on its own evidence.
Is sleep apnea a presumptive condition?
Sleep apnea is not presumptive. The usual routes are direct (in-service witnesses to snoring and apneas, or a sleep study close to separation) and secondary to service-connected PTSD/depression, sinusitis or rhinitis, or weight gain from medication for a connected condition.
Do I need a nexus letter for sleep apnea?
Not to file. The VA's duty to assist schedules a C&P exam where its own examiner addresses the connection, and presumptive conditions need no opinion at all. A private opinion becomes worth buying only if the VA denies for lack of nexus — a supplemental claim within one year keeps your original effective date.
Rating criteria verified against eCFR (38 CFR Part 4) — last reviewed 2026-09-19. Regulations change; confirm anything decision-critical at ecfr.gov.