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About a 4-minute readThe examiner checks three things: do you need a breathing device (CPAP/BiPAP), do you have persistent daytime sleepiness, and is there respiratory failure. Those are the only things that set the rating.
| 100% | Chronic respiratory failure with CO₂ retention or cor pulmonale, or a tracheostomy |
|---|---|
| 50% | Requires a breathing assistance device such as a CPAP |
| 30% | Persistent daytime hypersomnolence (sleepiness) |
| 0% | Asymptomatic but documented sleep-disordered breathing |
Sleep apnea is rated under 38 CFR 4.97, diagnostic code 6847. The 50% level turns on one fact: a doctor prescribed a breathing assistance device. That is why the CPAP question comes first and why your compliance data matters.
VA proposed in 2022 to rate sleep apnea by how well treatment works instead. As of this writing that proposal has not been finalized, so the table above is still the law.
Sleep apnea commonly causes or worsens hypertension, heart disease, depression and anxiety, memory problems, and erectile dysfunction.
It is also often secondary to PTSD, weight gain from other service-connected conditions, or a deviated septum or sinus condition. Mention the ones you have; each can be a separate claim.
VA rates functional impact, and your average day understates it.
Think about the morning you could not stay awake at work, the drive where you had to pull over, the separate bedrooms because your spouse was scared by your breathing. Say those out loud.
Most examiners allow a spouse or friend in the room; ask first. A witness describing your nighttime breathing is powerful because you are asleep when it happens.
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Last updated: February 25, 2026
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Last updated: February 25, 2026
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