The Department of Veterans Affairs provides tax-free monthly compensation to veterans with disabilities and impairments resulting from medical conditions caused by their military service. However, various proposed and implemented rule changes have affected the benefits that veterans can receive for service-connected disabilities and medical conditions. In particular, the VA has proposed changes to the rating criteria for sleep apnea. Veterans with sleep apnea caused by their military service who have yet to apply for VA disability benefits need to understand how the proposed VA rating changes might reduce their compensation if they file their application after a final rule becomes effective.
How the VA Currently Rates Sleep Apnea
Under the VA’s Schedule for Rating Disabilities (VASRD), the VA rates sleep apnea (diagnostic code 6847) at four rating levels: zero, 30, 50, and 100 percent. Each rating has specific diagnostic criteria:
- Zero: Asymptomatic but with documented sleep disorder breathing
- 30: Persistent daytime sleepiness
- 50: Requires use of breathing assistance devices such as CPAP machines
- 100: Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or requires tracheostomy
The current rating system means that veterans with service-connected sleep apnea automatically receive a 50 percent disability rating for their condition if they need to use a CPAP or other breathing assistance machine while sleeping.
What Has the VA Proposed to Change?
The VA’s proposed changes to its rating criteria for sleep apnea would shift the focus from the treatment a veteran receives for their condition to how well that treatment alleviates the symptoms and complications of sleep apnea. The new rating scale would add a 10 percent disability rating and eliminate the 30 percent rating. Criteria under the proposed scale include:
- Zero: Asymptomatic or fully controlled with or without treatment
- 10: Incomplete relief with treatment (including CPAP)
- 50 or 100: Ineffective treatment or inability to use treatment without end-organ damage, or unable to undergo treatment due to comorbidities
Should the proposed rule go into effect, veterans who apply for disability benefits would not receive a 50 percent disability rating if they use CPAP machines to treat their sleep apnea; instead, they would receive only a 10 percent rating, substantially reducing the potential compensation they would receive.
The Current Status of the Rulemaking Process
As of mid-August 2026, the VA has yet to adopt the proposed new rating schedule as a final rule, nor has the department proposed a date for the final rule to take effect. The proposal has remained in the rulemaking process since 2022, during which time the current rating criteria for sleep apnea remain in effect.
What This Means for Your Filing Status
Even if the VA were to implement the proposed changes as a final rule, veterans who currently receive disability compensation for sleep apnea would not see a reduction in their benefits. Regulations for VA disability benefits protect veterans’ current disability ratings. The VA cannot reduce a veteran’s rating unless medical evidence demonstrates an improvement in the veteran’s condition. After five years, the VA cannot reduce ratings absent a showing of a sustained (not temporary) improvement. After 20 years, the VA cannot reduce a veteran’s rating below the minimum rating they have had for their condition.
However, veterans who have yet to apply for VA disability benefits for sleep apnea could receive lower compensation if they wait until after a finalized rule goes into effect.
Contact Our VA Disability Benefits Firm Today to Learn More about Your Rights
If you plan to apply for disability benefits for service-connected sleep apnea, you need to understand how future changes to VA regulations might alter available benefits. Contact Coskrey Law today for a free, no-obligation consultation with a VA disability benefits attorney to learn more about the potential changes to how the VA rates service-connected sleep apnea and discuss how those changes could potentially affect your rights to disability compensation.