Sleep apnea is a sleep disorder, characterized by interruptions in breathing during the night. Up to 21% of Veterans have some form of sleep apnea, compared with about 9% of the general public.
The Department of Veterans Affairs (VA) recently announced it was making plans to alter the rating system for sleep apnea disability. As of September 2025, these changes have not been confirmed, but they are expected to affect how Veterans can access apnea treatment in the future.
Sleep apnea is a sleep disorder caused by either an obstruction in the throat (obstructive sleep apnea) or a brain disorder that causes interruptions in respiration (central sleep apnea). Patients with sleep apnea suffer from insomnia at night and hypersomnolence (sleepiness) during the day. Sleep apnea is treated with a combination of lifestyle changes, such as diet and exercise to reduce obesity, changes in sleeping posture, and the use of a CPAP or other device that improves oxygen flow when sleeping.
The current rating system rates sleep apnea disability on daytime sleepiness and CPAP use.
The proposed changes focus on the overall impact of apnea on the Veteran’s life and the severity of their symptoms, rather than the use of a CPAP alone. Although a Veteran successfully using a CPAP might get a lower rating, someone with other comorbidities such as PTSD, acid reflux, or asthma might keep a higher rating.
VA insiders believe that the 30% “daytime hypersomnolence” rating will be eliminated, and a 10% “partial relief” rating will replace the current 50% CPAP use rating. Veterans should recognize that these are only guesses, since the final changes have not been released yet.
Veterans with existing sleep apnea ratings will be grandfathered in when the new system is implemented. For this reason, Veterans should obtain a new sleep study, a doctor’s diagnosis, and establish a service-related nexus as soon as possible if they do not already have a VA rating.
Many Veterans worry how these proposed rating changes will affect their ongoing treatment and benefits. As the VA moves toward changing how ratings are assigned, it is increasingly important to document not only the physical symptoms of sleep apnea but also the ways it impacts your daily life. Evidence of fatigue, interrupted sleep patterns, mood changes, and difficulty functioning during daytime hours can all help support your claim. Collecting detailed medical records, therapy notes, sleep study results, and even logbooks of your nightly symptoms can strengthen your case for a fair rating under the new rules.
If CPAP treatment offers relief but comes with side effects or inconsistency — because of mask discomfort, travel, or inconsistent access — it may still be possible to argue for a higher rating based on how well or poorly CPAP use actually works for you. Recording when CPAP stops being effective, or when it adds hardship, can be critical in making sure the VA sees the whole picture.
Also, comorbid conditions like obesity, chronic bronchitis, or acid reflux do more than just co-occur with sleep apnea—they often worsen symptoms or reduce treatment effectiveness. Showing how these conditions amplify your sleep apnea symptoms—and how VA treatment plans do or do not address them—can help your claim. It is not simply about one condition but about how multiple conditions interact and affect your quality of life.
If you want to be prepared in the event that these changes go into effect, here is what you can do:
Talk with a VA-accredited attorney who knows the proposed changes and can advise you how to strengthen your claim now so that, if/when the new rating system rules take effect, your benefits are protected.
