If you’re a veteran living with sleep apnea, the time to file for VA Disability Benefits is now. The Department of Veterans Affairs (VA) has proposed changing how it rates sleep apnea-related claims, and these changes could drastically reduce your monthly benefits or lead to denial altogether if you file after the new rules take effect. At Kerr Robichaux & Carroll, we’ve spent years fighting on behalf of veterans who deserve full compensation for service-connected conditions. This potential update could harm veterans who wait too long to file a claim. Here’s what may be changing, why it matters, and what you need to do today to protect your benefits.
What Could Change with VA Sleep Apnea Ratings?
Currently, Diagnostic Code 6847 is the code used by the U.S. Department of Veterans Affairs (VA) to evaluate and assign disability ratings for sleep apnea.
Specifically, it covers:
- Obstructive Sleep Apnea (OSA)
- Central Sleep Apnea (CSA)
- Mixed Sleep Apnea
This code determines the disability percentage a veteran receives based on the severity of symptoms and required treatment, such as CPAP usage or more severe complications like respiratory failure. Ratings typically range from 0% to 100%, with higher ratings reflecting greater functional impairment or more intensive medical intervention. This diagnostic code is fairly generous, especially if you’ve been prescribed a CPAP or other breathing assistance device.
But the VA has proposed a new, stricter standard. Under this proposed rule change:
- Using a CPAP will no longer guarantee an automatic 50% rating.
- The VA will focus less on the treatment and more on how the condition impacts your daily functioning.
- If your CPAP is controlling the symptoms, the VA may claim that your condition is “resolved,” resulting in a lower rating or even a denial.
If approved, these changes are expected to roll out before the end of 2025, and once they do, all new claims will be evaluated under the stricter rules.
What Is The VA’s Current Rating Schedule for Sleep Apnea?
Under the current system, you may qualify for the following:
0% Rating – You’ve been diagnosed with sleep apnea, but it doesn’t significantly impact your daily life.
30% Rating – You experience daytime sleepiness, fatigue, or other persistent symptoms.
50% Rating – You’re prescribed a CPAP machine or another device to help with breathing during sleep.
100% Rating – You suffer from chronic respiratory failure, require a tracheostomy, or have other serious complications.
A 50% rating can translate to over $1,100/month in tax-free compensation for a single veteran. The amount may be higher if you have dependents or additional service-connected conditions. If the VA’s proposed rating schedule change is approved, that 50% rating could disappear for new applicants.
Why This Change Matters to Veterans
Sleep apnea is a serious, life-altering condition that affects your overall health, ability to work, and even your mental wellness. Veterans often experience:
- Interrupted or poor-quality sleep
- Daytime fatigue and brain fog
- Anxiety, irritability, and depression
- Fear of stopping breathing during sleep
- Worsening of other conditions like PTSD or hypertension
Yet under the proposed changes, if your CPAP machine fully controls your symptoms, the VA could argue you’re no longer impaired, ignoring the burden of using the device every night and the ongoing health consequences of your condition. This isn’t just a downgrade in policy, but a downgrade in how the VA recognizes the struggles many veterans face every single day.
What Happens If You Wait to Apply for VA Benefits?
If this proposed change in ratings is approved, you may experience the following when filing a claim:
- Proving your sleep apnea continues to severely limit your daily functioning, even with treatment
- Receiving a lower disability rating than you would today
- Facing longer delays during the claims process or even claim denial
- Losing access to ancillary benefits tied to your rating, such as VA healthcare, priority access, or vocational rehabilitation
However, there is good news: claims filed before the changes may take effect are likely to be grandfathered in, meaning they’ll be reviewed using the current rating system.
What Should You Do Right Now?
If you have been diagnosed with sleep apnea, even if it wasn’t during active duty, now is the time to act.
1. File Your VA Claim as Soon as Possible. The sooner you submit your claim, the more likely it will be rated under the current criteria. Don’t wait until the deadline — act today to protect your eligibility.
2. Gather Supporting Medical Evidence. Build a solid claim file with:
- A formal sleep apnea diagnosis (usually from a sleep study)
- Prescription and usage records for CPAP or breathing equipment
- Medical documentation showing your symptoms and daily functional impact
- Proof that your condition is service connected
3. Obtain a Nexus Letter (if needed). Many veterans weren’t diagnosed during service. That doesn’t mean you can’t win your claim. A strong nexus letter from a qualified medical provider can help show the connection between sleep apnea and:
- PTSD or anxiety disorders
- Weight gain or obesity
- TBI (Traumatic Brain Injury)
- Environmental exposures (burn pits, etc.)
- Service-connected musculoskeletal or respiratory issues
4. Talk to an Experienced VA Attorney. Don’t go it alone. The VA system is complex, and the stakes are high. At Kerr Robichaux & Carroll, we have extensive experience in helping veterans get the full amount of VA Benefits they are eligible for.
Need Help With Your VA Claim?
Sleep apnea is a serious condition that deserves fair compensation, especially when it’s service connected. However, the VA rating system for this condition may change, and waiting could cost you thousands in benefits over your lifetime.
The time to act is now — don’t wait to see if these changes take place. You served this country. You shouldn’t have to fight for the benefits you are entitled to. But if you do, the trusted VA attorneys at Kerr Robichaux & Carroll are ready to fight to help secure your benefits. Whether you’re just starting your claim or facing a denial, our experienced team will help you secure the benefits you deserve.
Contact us today by submitting a form online or calling our office at 503-255-9092 for a free case evaluation.