Understanding Sleep Apnea VA Rating Percentages

If you have a current diagnosis of sleep apnea that is connected to an injury, illness, or other event during your qualifying active service, you could be eligible for VA disability benefits. Your sleep apnea VA rating is measured as a percentage, and determines the amount in compensation that you are entitled to from the VA. A rating of at minimum 0% entitles you to medical coverage for the condition, while ratings at or above 30% entitle the veteran to medical coverage as well as tax-free disability payments made on a monthly basis.

The purpose of your sleep apnea VA rating is to accurately measure the impact of your condition on your ability to work. VA disability compensation for sleep apnea is meant to provide you with medical services and financial resources at the expense of the VA so that your service-related conditions do not negatively impact your life after your active service.

You Must Have Service-Connected Sleep Apnea to Qualify

Your diagnosis of sleep apnea must be found by the VA to be connected to your qualifying service. This includes direct service connection, where your sleep apnea either began during or is directly linked to an event – such as exposure to dust, sand, and/or burn pits, that happened while you were on active duty. However, it also includes, and in fact more frequently involves, secondary service connection, where your sleep apnea developed as a result of, or was aggravated by, a different service-connected (or should-be-service-connected). Examples of conditions that have been linked to sleep apnea are posttraumatic stress disorder, rhinitis, and sinusitis. In addition, obesity may be used as an intermediate step between sleep apnea and a service-connected condition. Upon being granted service-connection, the degree to which your sleep apnea impacts your ability to work determines your VA disability percentage rating, and the amount in tax free monthly VA disability payments.

Primary Service Condition

You are eligible to collect VA disability benefits when the VA determines that a current diagnosis for a disabling injury or illness that you have began on or was caused by your qualifying active service. This is referred to as a primary service condition.

There are a broad variety of primary service conditions, and they must cause a tangible impact on your ability to earn a stable income. Sleep apnea as a primary condition is possible when a veteran:

Has a current diagnosis for sleep apnea, one that meets the requirements put forth by the VA, which generally include that you complete a sleep study.
You’ll need to provide evidence that your diagnosis either began during qualifying active military service, active duty for training, inactive duty for training, or other covered activity, or, if you already had a diagnosis for sleep apnea prior to such service, that it was made worse (aggravated) by your service.
Secures a nexus (medical opinion) explaining the link between your sleep apnea and your qualifying active-duty service.

Sleep Apnea as a Secondary Condition

Sleep apnea as a secondary condition means that you have a primary service-connected condition recognized by the VA, and your sleep apnea has developed as a result of it. Sleep apnea can develop as a secondary condition due to cosmetic surgery, scarring, as well as the use of certain medications that alter sleep patterns, or even those that cause weight gain.

Common Conditions that are Linked to Sleep Apnea

Some of the most common conditions that are linked to sleep apnea include:

Chronic pain
Hypertension, otherwise known as high blood pressure
Post-traumatic stress disorder, or PTSD
Traumatic brain injury, or TBI
Injuries to the neck or upper airways
Rhinitis or sinusitis
Gastroesophageal reflux disease (GERD)
Migraines and headaches
Being exposed to toxic substances and hazards in the environment
Chronic fatigue syndrome
Obesity can also be used as an intermediate step between sleep apnea and another service-connected disability, such as service-connected orthopedic problems that caused you to gain weight.

If you have received a VA disability rating for one of these conditions, you may be eligible to file a claim for sleep apnea. Knowing when your condition is linked can require the opinion of an informed medical professional, and connecting with a local VA disability attorney after your claim was rejected can help you find a medical professional familiar with the VA disability appeals process.

While a VA disability attorney cannot charge a fee if VA grants the benefit sought in its initial determination (the first decision following your initial application), they are available to help you secure sleep apnea at any point thereafter, including by filing a supplemental claim. Gang & Associates also provides many free resources on our website to help you get that initial application filed. If your initial claim for sleep apnea is denied, a VA disability lawyer can assist you.

VA Sleep Apnea Disability Percentages

While some VA-rated disabilities include a broader range of percentages, sleep apnea is currently rated by the VA as follows:

0% rating: you have a diagnosis for sleep apnea, but the symptoms are not significant and you do not require treatment, or the use of medications
30% rating: you experience daytime sleepiness, which can impact your ability to engage in your regular daily activities including both your personal and professional lives
50% rating: your sleep apnea requires a prescription of a CPAP machine or other breathing device, the use of which is required by your diagnosis
100% rating: a total disability rating for sleep apnea is available only in severe cases, such as those that have complications like heart issues

However, VA has proposed a change to the sleep apnea rating schedule, which could take effect any day now. Under the new rules, if approved, sleep apnea would be rated at:

0% if you are “asymptomatic with or without treatment.”
10% if you have “a sleep apnea diagnosis with incomplete relief (as determined by a sleep study) with treatment including a CPAP machine.”
50% if you have “a sleep apnea diagnosis with ineffective treatment (as determined by a sleep study) or are unable to use treatment due to comorbid conditions; and without end-organ damage.”
100% if you have “a sleep apnea diagnosis with ineffective treatment (as determined by a sleep study) or are unable to use treatment due to comorbid conditions; and with end-organ damage.

This proposed rule change is undoubtedly less beneficial for veterans with sleep apnea. Not only has VA proposed to remove the 30% rating, but it will be removing the automatic 50% rating for veterans requiring a CPAP machine. Therefore, under the new rules, most veterans will likely receive a 10% rating for sleep apnea. However, if you cannot effectively use your CPAP machine due to a comorbid condition or conditions, you can still attain a 50% rating. Therefore, it will become even more important for veterans to speak to their doctors about complications they are having with their treatment, most commonly the use of a CPAP or similar machine.

Compensation Rates for Your Sleep Apnea VA Rating

Taking into consideration both the current and proposed rating schedule, as of December 1, 2023, VA pays the the following monthly amount to single veterans without any dependents:

10 percent: $171.23
30 percent: $524.31
50 percent: 1,075.16
100 percent: $3,737.85

Consult a VA Benefits Lawyer Regarding Your Sleep Apnea VA Rating

If your claim for a sleep apnea VA rating has been denied or if it has been granted but you disagree with the disability evaluation assigned, our VA disability attorneys can help. Contact us to schedule your free initial consultation.