VA Rating for Sleep Apnea
Sleep Apnea is a sleep disorder that can arise from military service and qualify for VA disability benefits. Sleep Apnea causes an individual to momentarily stop breathing while asleep.
Studies have shown that veterans are more likely to experience sleep apnea than the general population, possibly as much as four times more likely.
The three main types of Sleep Apnea that occur are:
Obstructive Sleep Apnea -- During sleep, the throat muscles will relax and block the airways. This occurs intermittently and is the most common type of sleep apnea.
Central Sleep Apnea --; During sleep, the brain does not send the signals to the muscles that control breathing.
Complex Sleep Apnea Syndrome --; Also known as Mixed Sleep Apnea Syndrome, this condition is a combination of both obstructive sleep apnea and central sleep apnea.
Causes of service related sleep apnea can include long term exposure to dust particles and fumes, combat-related anxiety and stress, as well as weight gain.
Sleep apnea is known to cause frequent tiredness during the day, also known as hypersomnia. Other symptoms can include:
Loud snoring
Noticeably stopping breathing while asleep (this may be noticed by a spouse or partner)
Gasping for air during sleep or waking up rapidly breathing (catching your breath)
Problems falling asleep or staying asleep, known as insomnia
Waking up with a headache
Dry mouth in the morning
Difficulties concentrating during waking hours
Irritable or being easily angered during waking hours
Managing Sleep Apnea
In some cases, sleep apnea can be controlled with minor interventions such as weight loss or quitting smoking. In more serious cases, a medical device known as a continuous positive airway pressure machine, often known as a CPAP machine, is used during sleep to keep the airways open.
VA Compensation For Sleep Apnea
Schedule a Sleep Study
In order to get a VA disability rating for sleep apnea, you will need to have a sleep study performed. The VA will conduct one if you haven’t had a medical, overnight sleep study. A diagnosis of sleep apnea alone will not be considered by the VA without a sleep study.
VA ratings for sleep apnea
The VA currently rates sleep apnea based on the severity of the condition and the type of treatment required. These ratings determine the amount of disability compensation that a veteran with this condition can receive.
This is the current VA rating system for Sleep Apnea:
0% -- this rating recognizes a documented sleep disorder but the condition is considered asymptomatic
30% -- under this rating symptoms such as persistent daytime hypersomnia occur even with 9+ hours of sleep and / or daytime naps. A CPAP machine is not used at this rating
50% -- at this rating the condition is recognized and the use of a CPAP machine is necessary
100% -- this rating is applied for chronic respiratory failure, sometimes involving heart failure or a need for a tracheostomy
Proposed changes to VA sleep apnea ratings
If you are a military veteran who suffers from service-connected sleep apnea, it is essential that you file your disability claim for the condition right away, if you haven't filed already. In 2025, the ratings system is due to change. The proposed changes set the ratings at, 0%, 10%, 50%, or 100%, eliminating the 30% rating. The most significant change will be the elimination of the automatic 50% rating for veterans who use a CPAP machine or similar breathing assistance device to treat their sleep apnea. A 50% rating for sleep apnea will be based on the effectiveness of the CPAP machine as a treatment for the condition and not just the use of it as a treatment.
The proposed changes are not currently set to affect veterans who currently have a rating for sleep apnea. These changes haven't gone into effect yet so any VA claims for sleep apnea but it is unclear whether claims still processing will be processed using the current ratings system.
So it is again urged that any veterans with service-connected sleep apnea immediately file a claim for VA benefits or file an Intent to File ASAP!
Sleep Apnea As a Secondary Condition
Sleep apnea can lead to other medical conditions such as heart disease, high blood pressure, and diabetes. In these cases, these other medical issues are known as secondary conditions.
Sleep apnea can also be a secondary condition to other service-connected disabilities, such as asthma or PTSD, meaning that the sleep apnea was caused or worsened by another recognized condition. In many cases, sleep apnea can be secondary or a primary to the many service-connected disabilities.
To establish a secondary service condition you need to show that you have a current diagnosis of sleep apnea and provide evidence in your sleep apnea claim that the condition was caused or worsened by another condition that resulted from military service.
Increased VA rating for sleep apnea
If you have received a VA rating for sleep apnea but the condition has worsened, you may be able to seek an increased rating. In some cases, an increased VA rating can lead to an increase in your monthly compensation.
VA ratings for multiple conditions
Veterans suffering from service-connected sleep apnea may find themselves in a situation where they can't work, but even a 50% rating doesn't provide enough compensation to support themselves. Since sleep apnea is related to, and can coexist with, other conditions, you may want to explore whether you are entitled to payment for secondary conditions. Given the method the VA uses to rate multiple conditions it is rare however, that ratings for multiple conditions total 100%.
Individual Unemployability
In some cases, ratings for multiple conditions can lead to a claim for individual unemployability, which pays the same monthly compensation as a 100% rating even if your combined VA disability rating does not total 100%. This can be an especially effective strategy for veterans suffering from sleep apnea as a service-connected condition either along with, or as a secondary condition. A rating for sleep apnea combined with a rating for another condition, or conditions, could qualify for individual unemployability if it can be established that the symptoms of the combined conditions prevent the individual from being able to carry out the functions of their job.
We are experienced with VA Disability Claims
Friedman Law Firm wants to hear your story if you suffer from service-related sleep apnea and have been denied benefits or received a low VA disability rating. We have experience with veterans' disability benefits and have successfully advocated for increased ratings, ratings for secondary conditions, and individual unemployability.
The attorneys of Friedman Law Firm will explore every possible option to maximize your VA disability benefits. Contact us today if you are a veteran who suffers from service-connected sleep apnea, or any other service-connected condition!