VA Rating for Sleep Apnea: 2026 Criteria and Proposed Changes
Right now the VA rates sleep apnea under diagnostic code 6847 at 0%, 30%, 50% or 100% (38 CFR 4.97). If your doctor prescribes a CPAP or similar breathing device, the current rule supports 50%. The VA proposed replacing these criteria in 2022, but as of September 2026 that change is not final. Here is what is in effect today, what the proposal would do, and how sleep apnea gets service connected, including secondary to PTSD.
TL;DR
- Current DC 6847 ratings: 0% for documented sleep-disordered breathing without symptoms, 30% for persistent daytime sleepiness, 50% if you require a breathing device such as a CPAP, 100% for chronic respiratory failure with carbon dioxide retention, cor pulmonale, or a tracheostomy (38 CFR 4.97).
- The VA's 2022 proposed rule would rate by how well treatment works, with levels of 0%, 10%, 50% and 100%. It has not been finalized as of September 2026.
- If a new schedule is adopted, a rating already in effect cannot be reduced just because the schedule changed, unless medical evidence shows real improvement (38 CFR 3.951(a)).
- Sleep apnea is not a PACT Act presumptive condition. It needs direct or secondary service connection with medical evidence.
- Sleep apnea secondary to PTSD is possible but not automatic. It usually needs a medical opinion on aggravation or on obesity as an intermediate step.
What are the current VA rating criteria for sleep apnea?
Sleep apnea is rated under diagnostic code 6847, Sleep Apnea Syndromes (Obstructive, Central, Mixed), in the respiratory schedule at 38 CFR 4.97. These criteria date from 1996 and are the ones in effect as of September 2026.
| Rating | Current criteria (38 CFR 4.97, DC 6847) | 2026 monthly pay, veteran alone |
|---|---|---|
| 0% | Asymptomatic but with documented sleep-disordered breathing | $0 |
| 30% | Persistent daytime hypersomnolence (ongoing daytime sleepiness) | $552.47 |
| 50% | Requires use of a breathing assistance device such as a continuous airway pressure (CPAP) machine | $1,132.90 |
| 100% | Chronic respiratory failure with carbon dioxide retention, or cor pulmonale, or requires tracheostomy | $3,938.58 |
Pay figures are the VA's rates effective December 1, 2025. Note there is no 10% level under the current code. Your combined rating, not a single condition, sets your monthly pay. See the 2026 VA pay chart and the VA disability calculator.
Does a CPAP automatically get 50%?
The current text rates 50% when sleep apnea "requires use of" a breathing assistance device. The VA looks for a sleep study diagnosis and a medical prescription for the device. Keep your sleep study report and the prescription or order for your CPAP, BiPAP or similar device. If you stopped using it, tell your doctor why. Mask problems, claustrophobia and other barriers belong in your records.
No rating is automatic. The VA first has to find the sleep apnea service connected, and that is the harder step for most veterans.
Has the VA changed the sleep apnea rating rules?
Not yet. On February 15, 2022, the VA published a proposed rule to revise the ear, nose, throat, audiology and respiratory schedules. It would move away from rating by the type of treatment and toward rating by how well treatment works. The proposed DC 6847 reads, in summary:
| Proposed rating | Proposed criteria (2022, not final) |
|---|---|
| 0% | Asymptomatic with or without treatment |
| 10% | Incomplete relief with treatment, as shown by sleep study |
| 50% | Treatment ineffective (by sleep study), or unable to use treatment due to comorbid conditions, without end-organ damage |
| 100% | Treatment ineffective (by sleep study), or unable to use treatment due to comorbid conditions, with end-organ damage |
Under the proposal, a CPAP that works well would point toward 0%, not 50%. The VA published a supplemental proposal in September 2024 adding a code for constrictive bronchiolitis, but it did not finalize the sleep apnea changes. As of September 2026, the Federal Register shows no final rule, and the eCFR still carries the 1996 criteria. The VA has not announced an effective date. Anyone who tells you a firm date is guessing.
What happens to my claim if the rules change?
Here is what the regulations say today:
- Existing ratings are protected. A change to the rating schedule is not grounds to reduce a rating in effect on the date of the change unless medical evidence shows the condition actually improved (38 CFR 3.951(a); 38 U.S.C. 1155).
- The current criteria apply now. A claim decided today is decided under the current DC 6847.
- The final rule will set the terms. When the VA publishes a final rule, it will state the effective date and how it applies to claims pending on that date. Generally, new criteria are not applied to any period before their effective date, so time before that date is rated under the old criteria.
If you have symptoms and a diagnosis now, waiting does not help you. An intent to file (VA Form 21-0966) can also hold your effective date for up to one year while you gather evidence (38 CFR 3.155).
How do you get sleep apnea service connected?
There are three common routes. Each needs a sleep study diagnosis.
- Direct. Symptoms began in service. Evidence can include in-service notes about snoring, fatigue or witnessed apneas, and buddy statements from people who bunked with you. VA Form 21-10210 is the Lay/Witness Statement.
- Secondary. A service-connected condition caused or aggravated your sleep apnea (38 CFR 3.310). Common primaries include PTSD, sinus and nasal conditions, and conditions whose treatment led to weight gain.
- Aggravation of a preexisting condition. Rare, and it depends on your entrance exam.
Sleep apnea is not on the PACT Act presumptive list. The VA's respiratory presumptives for burn pit and particulate exposure cover conditions like asthma, rhinitis and sinusitis. See PACT Act presumptive conditions.
Can sleep apnea be secondary to PTSD?
It can, but you should know going in that this is a contested claim. There is no presumption and no automatic link. The two theories usually argued are:
- Aggravation. PTSD made existing sleep apnea worse (38 CFR 3.310(b)). The opinion should explain how, based on your records.
- Obesity as an intermediate step. PTSD or its medications caused or aggravated weight gain, and that weight gain was a substantial factor in the sleep apnea (VAOPGCPREC 1-2017; Walsh v. Wilkie, 32 Vet. App. 300 (2020)).
Either way you need a medical opinion from a qualified clinician who reviews your records and writes independently, using the "at least as likely as not" standard and explaining the reasoning. An opinion that addresses causation but skips aggravation is incomplete. More detail is on our PTSD secondary conditions page.
Our Secondary Conditions Map ($37) shows the secondary links usually argued for sleep apnea and what records to pull before you ask for an opinion.
Get the Secondary Conditions Map ($37)
What should I bring to a sleep apnea C&P exam?
- Your sleep study report with the diagnosis.
- The prescription or order for your CPAP or other device, and any compliance data.
- Notes on daytime sleepiness: dozing while driving, at work or in meetings.
- A list of other service-connected conditions you believe affect your sleep apnea.
The VA publishes a Sleep Apnea Disability Benefits Questionnaire, so you can see what the examiner fills out. Our C&P exam tips cover how to prepare.
We are an Army Ranger and a combat engineer from a veteran family. We are not the VA, we are not VA-accredited, and we do not file claims. We explain the rules as written so you can make your own call. No one can promise a rating.
Frequently asked questions
Is the VA still giving 50% for sleep apnea with a CPAP in 2026?
Yes, under the criteria in effect as of September 2026. DC 6847 in 38 CFR 4.97 rates 50% when sleep apnea requires a breathing assistance device such as a CPAP. Service connection is still required.
When will the new sleep apnea rules take effect?
No date has been set. The changes were proposed in February 2022 and are not final. A final rule would be published in the Federal Register with its effective date.
Will my 50% sleep apnea rating be cut if the rules change?
Not because of the schedule change alone. Under 38 CFR 3.951(a), a readjustment of the rating schedule cannot reduce a rating in effect on that date unless medical evidence shows the condition actually improved.
Is sleep apnea presumptive for Gulf War or burn pit veterans?
No. Sleep apnea is not on the PACT Act presumptive list. It needs direct or secondary service connection with medical evidence.
Can I get sleep apnea and PTSD rated separately?
Yes, if sleep apnea is service connected, it is rated under DC 6847 and combined with your mental health rating. The VA will not pay twice for the same symptom, so the ratings must rest on different symptoms (38 CFR 4.14).
Sources
- 38 CFR 4.97, DC 6847 Sleep apnea syndromes (eCFR)
- 38 CFR 3.951, Preservation of disability ratings (eCFR)
- 38 CFR 3.310, Secondary service connection (eCFR)
- 38 CFR 3.155, Intent to file (eCFR)
- Proposed rule: ENT, audiology and respiratory schedule (Federal Register, Feb. 15, 2022)
- Supplemental proposed rule (Federal Register, Sept. 12, 2024)
- VA disability compensation rates (va.gov)
- VA public Disability Benefits Questionnaires (va.gov)
- VA Form 21-10210 (va.gov)