Sleep apnea is one of the most common VA disability claims, and for good reason—it affects thousands of veterans and can significantly impact daily life. This guide explains exactly how VA rates sleep apnea under 38 CFR §4.97, Diagnostic Code 6847, what evidence you need, and strategies to maximize your rating.
Sleep Apnea Rating Criteria
VA rates obstructive sleep apnea (OSA) based on severity and treatment requirements:
| Rating | VA Criteria |
|---|---|
| 0% | Asymptomatic but with documented sleep disorder breathing |
| 30% | Persistent daytime hypersomnolence (excessive sleepiness) |
| 50% | Requires use of breathing assistance device such as CPAP machine |
| 100% | Chronic respiratory failure with carbon dioxide retention or cor pulmonale; OR requires tracheostomy |
How to Prove Service Connection
There are three main paths to service connection for sleep apnea:
1. Direct Service Connection
Diagnosed during service (rare, since sleep studies weren't common).
2. Secondary Service Connection (Most Common)
Sleep apnea caused or aggravated by another service-connected condition:
- PTSD — Strong medical research links PTSD to sleep apnea
- Weight gain from other service-connected conditions
- Medications that cause weight gain
- Sinusitis/rhinitis or deviated septum
3. Gulf War / PACT Act Presumptive
Check eligibility if you served in qualifying locations during qualifying periods.
Evidence Requirements
For Diagnosis (Required)
- Sleep study (polysomnography) showing Apnea-Hypopnea Index (AHI) meeting diagnostic criteria
- Can be VA or private sleep study
- Home sleep tests may be accepted
For 50% Rating
- CPAP prescription from a physician
- Proof of CPAP use (machine data helps but not required)
For Service Connection
- Nexus letter linking sleep apnea to service or another service-connected condition
- Buddy letters from roommates/spouse about snoring, witnessed breathing stops
Evidence That Wins
- ✓Sleep study results showing OSA diagnosis
- ✓CPAP prescription from physician
- ✓Nexus letter explaining PTSD connection (well-documented medical link)
- ✓Lay statements about snoring during service
- ✓Buddy letters from spouse about witnessed breathing stops
- ✓Documentation of daytime fatigue and its impact
Evidence That Loses
- ✗No sleep study to confirm diagnosis
- ✗Sleep study doesn't meet diagnostic threshold
- ✗CPAP prescribed but never used
- ✗No nexus to service or service-connected condition
- ✗Symptoms started well after service with no connection
Secondary Conditions
If you have service-connected sleep apnea, you may be able to claim these as secondary:
- Hypertension — Strong medical link to sleep apnea
- Heart conditions
- Diabetes (weight-related)
- Depression/anxiety
- Erectile dysfunction
Filing Tips
- Get a sleep study FIRST — no diagnosis means no claim
- Get CPAP prescribed (even if you don't use it regularly)
- If secondary to PTSD, get a nexus letter explaining the medical link
- Get buddy letters from your spouse about snoring and breathing stops
- Document daytime fatigue and how it affects your daily life
- Consider claiming hypertension as secondary if applicable