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Changes In the Sleep Apnea VA Rating (2025)

Sleep apnea is a sleep disorder that can cause individuals to stop breathing during sleep. Veterans of the U.S. military who suffer from sleep apnea can receive Veterans Administration (VA) disability benefits for the condition if it is shown to be connected to their military service.

Sleep Apnea Symptoms and Treatments 

Symptoms can include loud snoring, insomnia, waking up with a headache or dry mouth, and gasping upon waking up. During waking hours, the condition can result in excessive tiredness, difficulties concentrating, or irritability. Untreated sleep apnea can lead to other health complications such as high blood pressure, heart disease, and diabetes.

CPAP Machine

Sleep apnea can sometimes be controlled with medication, or lifestyle changes such as weight loss, quitting smoking, or improved sleep hygiene. In more severe cases, a device to aid breathing known as a continuous positive airway pressure machine, or CPAP machine, helps to keep the airways open during sleep.

Sleep Study

The VA will not issue a rating for sleep apnea until an overnight sleep study is conducted by a recognized medical facility. If you haven't had one yet, the VA can conduct one for you.

Current VA Sleep Apnea Ratings System:

  • 0% Rating- the condition of sleep apnea is recognized but it is considered asymptomatic

  • 30% Rating - symptoms such as excessive daytime sleepiness are present even with 9+ hours of sleep or regular naps. A CPAP machine is not used at this rating

  • 50% Rating - at this rating the use CPAP machine is necessary

  • 100% Rating - chronic respiratory failure or heart failure occurs, sometimes involving the need for a tracheostomy

2025 Proposed Changes for VA Ratings for Sleep Apnea

  • 0% Rating - The condition is asymptomatic with or without treatment

  • 10% Rating - A diagnosis of sleep apnea exists but the veteran experiences incomplete relief from the symptoms, as determined by a sleep study

  • 50% Rating - The treatment for sleep apnea is ineffective or the veteran is unable to use the prescribed treatment (such as a CPAP machine) due to comorbid conditions (such as PTSD, or physical conditions), without resulting in end-organ damage

  • 100% Rating - Treatment for sleep apnea is ineffective or the veteran is unable to use prescribed treatment, and suffers from end-organ damage (to organs such as heart or lungs) due to the condition

Understanding the New Rating Criteria

One of the most notable changes in this rating system is that use of a CPAP machine in and of itself will no longer automatically trigger a 50% rating. Instead, the VA will consider the overall treatment effectiveness and severity of symptoms under the new rating criteria.

The VA is considering changes that would implement functional capacity assessments to determine the effect that sleep apnea has on a veteran's ability to work or carry out daily activities. This would replace focusing on the method of treatment for the condition as a criteria for a disability rating.

Treatment Effectiveness

According to the VA, the use of a CPAP machine in and of itself may not accurately reflect the severity of the sleep apnea condition because the response to the treatment varies. Some veterans experience a significant improvement in symptoms and an improved ability to function in their daily activities or place of employment. For these individuals, the VA sees the CPAP machine as an effective treatment and therefore, a 50% disability rating isn't warranted.

Other veterans may not respond as well to the CPAP treatment, or not be able to use it effectively, and continue to experience serious, debilitating symptoms from sleep apnea. Additionally the new criteria looks at comorbidities, and whether these other health conditions would exacerbate their sleep apnea or prevent effective treatment.

Secondary Conditions and Comorbidities

Many medical and mental health conditions can emerge as a result of service-connected sleep apnea and comorbid conditions could also exist alongside it. These secondary conditions and comorbidities can also be evaluated and rated. The ratings for sleep apnea and a secondary condition can increase the overall VA rating for a disabled veteran. But these combined ratings rarely total up to a 100% disability rating.

Some of the conditions that can be secondary or be comorbid to sleep apnea are:

  • Asthma

  • High blood pressure

  • Heart disease

  • Stroke

  • Gastroesophageal Reflux Disease (GERD)

  • Anxiety and Depression

Total Disability Individual Unemployability (TDIU)

The presence of a secondary condition combined with sleep apnea can boost the overall VA rating. While this will not likely lead to a 100% rating, it can make a veteran eligible for total disability individual unemployability, which offers the same monthly compensation as a 100% rating without having to reach that rating. The VA takes the multiple conditions into account as well as the overall impact on a veteran's ability to work and perform daily activities.

Will Current Ratings for Sleep Apnea be affected?

Veterans who are currently rated for sleep apnea will most likely not be affected. Their ratings and benefits are not due to change. These changes, which are due to take place sometime in 2025 will affect new applicants for VA benefits related to sleep apnea.

When Will These Changes Take Place?

It is uncertain exactly when in 2025 these changes will occur. It is also unclear whether recently filed claims for sleep apnea and claims already processing will be evaluated under the current rating system or under the newly proposed changes.

In either case, If you are a military veteran who suffers from service connected sleep apnea, you need to file your claim for VA disability benefits ASAP. If you need to gather medical evidence and documentation to support your claim, you should submit your Intent to File right away. This is also the case with any service connected disability. Filing as soon as possible helps to maximize benefits by establishing the earliest possible effective date.

Friedman Law Firm: VA Disability Attorneys

Contact Friedman Law Firm today if you are a veteran of the U.S. military and suffer from sleep apnea or any other medical or mental health condition that is related to your service. The sooner you take action, the sooner we can work with you on the application process. If you have already applied and your claim has been denied or if you applied and received a low rating that doesn't reflect the severity of your condition, contact us right away to discuss options for appeal and higher level review.

We implement legal strategies to maximize VA benefits for veterans like exploring the role of secondary conditions, individual unemployability, or filing for an increase in VA ratings. Our disability attorneys explore all possible options when it comes to highest ratings for sleep apnea claims and other conditions to obtain the highest monthly compensation.

Friedman Law Firm is skilled and experienced with obtaining VA disability benefits for veterans of the U.S military. We know all aspects of the VA claims process and stay up to date on the latest changes in the VA that affect our veterans.