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 going to Perkins studdard for VA claims! We have been fighting with the VA on service connected disabilities for 5 years and they helped us get our claims processed. Thank you guys!!!Chelsea
Recommend 100% After calling many attorneys and being turned away. They took my case and did amazingly well. They were patient and respectful throughout the process. Thease guys are legit and know their stuff!!!Mary Ann Sotelo
Great people, Great Service 100% Satisfied and has recommended them to a few people.Flo N Scnts Johnson
Happy and impressed working with Perkins Studdard to help me through the VA claim maze. Don't hesitate to contact them for help. You cannot do it alone.Jim & Linda Woychik
My experience with this firm was overwhelmingly awesome! My attorney is very knowledgeable in veteran law and the rest of the staff is polite and they answer emails in a timely manner. I definitely recommend Perkins Studdard for you VA claim needs.Juan Armenta
Couldn’t be happier with the service they provided me. After so much time spent working with the VA to grant me disability for my service connected disabilities I was denied. Exhausted with the process and ready to give up a friend recommended this firm to assist me with an appeal. They handled all of it, keeping me updated regularly on progress, and eventually getting me the disability rating that was due. This was the happiest I’ve been to pay an invoice for services received.Kendall Lucy
100 % recomendable, in my humble opinion they are the best. I am very grateful with their assistance in filling my claim with the VA and winning They have done an outstanding job. They are professional ThanksFrancisco Javier Pérez A
They assessed my case as being potentially tdiu qualified and got to work right away. I only provided the information they asked me for and let them do their work. I didn’t hound them, I didn’t pester them, I just let them do their work and provided what they asked for and trusted the process. Within a few months or so I was awarded a tdiu rating. In my case I’m a combat vet of oef, but the Va had denied me twice for a benefit that I know I qualified for. The Perkins-studdard firm got the the benefit I deserved and I am eternally grateful for their expertise and hard work.M C
Jason provided provided outstanding counsel and support. His communication was exemplary, with prompt and informative responses to all my inquiries. The entire team was professional, knowledgeable, and genuinely caring, transforming a potentially stressful experience into a positive one. I cannot recommend their services highly enough. Thanks Jason!Cody
I saw Travis on some YouTube videos. It was the way he worded things, I just felt compelled to contact them about my situation, he seemed trustworthy. Travis told me he thought he could help me. I was hesitant, but proceeded. The claim process was long, but my claim was granted. They are organized and punctual. Jessica and Travis are a strong team. I feel the Lord led me to Perkins & Studdard. I consider Travis an advocate and friend. ThanksCorby Reese

Related Posts

Contrast:

Font Size: