What’s My VA Sleep Apnea Disability Rating?

If you are one of the many veterans seeking VA disability compensation for sleep apnea, you have two main aspects to your claim: winning service connection for sleep apnea and obtaining the highest possible sleep apnea disability rating.  On the first point, you can read our earlier article with some basic information on sleep apnea and this other article on the basic elements needed to win service connection for sleep apnea.

sleep apnea disability rating
Your sleep apnea disability rating can range from 0-100%. Do you know what rating should apply to you?

In this article, our focus will be on how VA assigns a sleep apnea disability rating.  Once you understand the criteria VA uses, you will be better able to decide whether VA has awarded you the highest possible VA sleep apnea disability rating that you deserve under the law.

Sleep Apnea Disability Rating Criteria Are the Same for All Types of Sleep Apnea

VA uses the same sleep apnea disability rating criteria for all types of sleep apnea.  So, regardless whether you have obstructive, central, or mixed sleep apnea, your symptoms or treatment will determine your sleep apnea disability rating.  This makes sense because the symptoms associated with sleep apnea are basically the same even though the underlying causes can be different in different cases.

Your Sleep Apnea Disability Rating Can Range From 0% to 100%

Like many other disabilities in VA law, the lowest possible sleep apnea disability rating is a noncompensable evaluation of 0%.  This is the appropriate rating only those veterans who have had a sleep study that documents episodes of stopped breathing during sleep but who do not experience any symptoms as a result of those episodes.   This is not a very common rating since most people who experience these breathing stoppages suffer from other symptoms.

The next highest rating is 30%, which is based on evidence of “persistent day-time hypersomnolence.”  That is simply the medical term for ongoing sleepiness during the day.

Next, you have a 50% sleep apnea disability rating.  This is probably the most common sleep apnea disability rating since most doctors treat this sleep disturbance with CPAP machines or another breathing assistance device.  Remember, although the 50% sleep apnea disability rating mentions CPAP machines, you can use another treatment and still qualify at this rating level.  For more information on that, check out our earlier article.

Finally, you have the 100% sleep apnea disability rating.  These are much less common since they are reserved for the most severe cases of sleep apnea.  This level is warranted when certain physiological criteria are met (i.e., chronic respiratory failure with carbon dioxide retention or cor pulmonale) OR when certain radical treatment is undertaken (i.e., tracheostomy).

Where to Find the Criteria for a Sleep Apnea Disability Rating

38 C.F.R § 4.97 provides the schedule of ratings for all respiratory related diseases and disabilities.  In the subsection for Restrictive Lung Disease, you will find the sleep apnea disability rating schedule.  Here it is:

6847   Sleep Apnea Syndromes (Obstructive, Central, Mixed):
Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or; requires tracheostomy 100
Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine 50
Persistent day-time hypersomnolence 30
Asymptomatic but with documented sleep disorder breathing 0

As you can see, some of the levels are based on symptoms (0% and 30%) while the common 50% is based on treatment.  The 100% level can be symptoms or treatment.  Make sure the VA does not require you to prove symptoms AND treatment at the 100% level.  If you are seeking one of the treatment based ratings, you need to be aware of the VA’s new emphasis on the medical necessity of that treatment.  They have rewritten their instructions for their employees when deciding rating increases.

Getting Your Correct Sleep Apnea Disability Rating May Not Be as Simple as It Looks

You may see the above chart and want to pursue your claim on your own.  That works for some veterans and not for others.  To win, you need to know exactly what must be proven and what you need to prove it.  The VA historically has been very loathe to award service connection and high ratings for sleep apnea.  If you do decide you need some legal help with your VA disability compensation claim, you can always contact our firm for a free consultation.

Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims.  He regularly writes about issues that are important to veterans and their families.

You can subscribe to his Veterans Disability channel on YouTube.

I highly recommend Travis and his team. From start to finish, the communication and professionalism were outstanding. Jessica was absolutely amazing — responsive, knowledgeable, patient, and always willing to help answer questions and keep me informed throughout the process. Travis was also excellent and made me feel confident that I was in good hands. Their entire office treated me with respect and care, and I truly appreciate everything they did for me. If you’re looking for an attorney and legal team that genuinely cares about their clients, I would definitely recommend them.Carlos Thornton
Travis Studdard and his team were always professional and from intake to case resolution, they were extremely pleasant to work with. After working closely with them for roughly six years, they successfully appealed my sleep apnea claim with the VA. At times I thought about giving up, but it was their diligence and confidence in their approach that gave me the ability sustain. There were no surprises, they led me by hand every step of the way. My family and I are truly appreciative for their great work. His team truly cares and it shows. They will fight to the end for veterans. I couldn't be happier with the results.James
I had the pleasure to be helped by Travis and his team on my VA disability claim. They know what they are doing, and I would definitely work with them again. I recommend them to any veteran that has a wrongfully denied claim with the VA...Joel Onomo
Travis and his team helped me get my case done when I couldn't get it done by myself.Everything went much faster and better than I expected.I highly recommend his team for any veteran trying to get a claim processed. Norman Scott,U.S.Army veteranNorman Scott
Jason Perkins and his team are so kind, knowledgable and helpful. They were thorough with all my legal needs and made sure my medical needs were taken care of financially. What I most appreciate is that he was always very clear about what was best for my case, but he also always told me I needed to do what was best for me, both mentally and physically. He was always available to answer questions, made sure I understood, and was willing to let me make decisions regarding my case. His ethics are beyond reproach. He would not take a percentage of a payment he did not help me receive. You can trust him. He always made it clear that my mental and physical well-being were more important than any part of my case. Then he would explain what would be best for the case and why, and allow me time to decide. Being in the Worker's Compensation system was an incredibly demeaning experience. I am a strong, educated woman, but when everyone in a system tells you that you are not worthy of the care you have received your entire life, and you instantly become less than to many of those who are suppose to be caring for you, it would weigh on anyone. I am so thankful I had Jason and his team fighting for me, getting me things I never would have imagined would be denied, like a second opinion before surgery, or physical therapy instead of opioids. I cannot imagine trying to handle this experience by myself.Andri Pilgrim
Would definitely recommend 10/10! The team was super helpful through the entire process, and always were available for questions anytime I needed. Always quick to respond, and we’re always sweet and professional!Haley Nicole
Perkins Studdard LLC has been wonderful to work with from the first day through the final journey. They were prompt in requesting the information from me so they could appeal my claim with the VA. I had exhausted all means trying but they were able to get me to 100%. I would "HIGHLY" recommend using them if you are having difficulty getting anywhere with the VA.Mike Black
When i found this law firm I was going through a hard time not just with the VA but mentally as well. And after i hard denial i reached out to Travis and let me just say that was the best decision of my life. From the first call i knew i had made the right decision they are nothing short of amazing. Shoutout to Jessica and Chandler they both helped ease my stress and make the process so smooth it felt really good to be heard. My only mistake was not reaching out to them sooner. Thank you all so very muchRilesia Singleton
Perkins Studdard LLC has done for me what VSO, the DAV, and I could not do on my own. For 10 years after my last rating the VA was bound and determined to keep me at my current percentage. My body was tired physically and mentally. I needed help that the civilian world was not going to let me stop work for. I contacted Perkins Studdard and worked with Jessica and Travis. To tell you what I ever hoped for was greatly exceeded. I am able to now properly heal since 2007 when I was medically discharged. I promise when we feel like we are forgotten you have people like Travis and Jessica that work hard for you to make sure you are not. Their policy on pay is exceptional and even when I got aggravated they understood how to keep me calm and helped my patience. I think the VA does not like to see them coming. I got the holy grail, home run, I can breath decision I needed. Let them help you!Lisa Jordan
I have enjoyed my experience with Perkins Studdard. The team is always available to answer questions and make me feel comfortable, and like I matter. Did a great job with my VA Disability.Matt Strange

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