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Veterans Disability Lawyer

Sleep Apnea

Sleep Apnea VA Disability Claims

Sleep apnea can affect your health, sleep, and daily life. RLGVA helps Veterans pursue VA disability compensation through service-connected and secondary claims, ratings, and appeals nationwide.
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Sleep Apnea VA Disability Claims

If you developed sleep apnea during or after military service, or believe it is connected to another service-connected condition, you may be eligible for VA disability compensation. 

RLGVA helps Veterans pursue sleep apnea claims, secondary service connection, rating issues, and appeals nationwide.

Talk to a VA Disability Attorney

How Sleep Apnea can affect Veterans

Sleep apnea is a sleep-related breathing disorder that can interrupt normal breathing during sleep and affect energy, concentration, and daily functioning.

For VA disability purposes, sleep apnea may include obstructive, central, or mixed sleep apnea. VA’s Sleep Apnea Disability Benefits Questionnaire states that a diagnosis must be confirmed by a sleep study.

VA Disability Eligibility

Daytime Sleepiness

Persistent fatigue or excessive daytime sleepiness.

Interrupted Sleep

Repeated breathing interruptions and poor-quality sleep.

Breathing Assistance

Treatment may include a CPAP or another breathing assistance device.

Sleep Apnea Conditions We Help Veterans Address

The type of sleep apnea and the medical evidence documenting the condition can be important when evaluating a VA disability claim.

Obstructive Sleep Apnea

Occurs when the upper airway becomes blocked or collapses during sleep, interrupting normal breathing.

Central Sleep Apnea

Occurs when the brain does not properly send the signals that control breathing during sleep.

Mixed Sleep Apnea

Includes characteristics of both obstructive and central sleep apnea and requires appropriate medical evaluation.
VA Disability Claim Process
Sleep Apnea VA Disability Claims USA

Sleep Apnea as a Secondary VA Disability Claim

Some Veterans develop sleep apnea after service and may pursue secondary service connection based on an existing service-connected disability. VA requires evidence showing the new condition and the connection to the service-connected disability.
Sexual Assault

Existing Service-Connected Disability

You generally need an established service-connected condition that may be relevant to the claimed secondary condition.

Sexual Coercion

Current Sleep Apnea Diagnosis

Medical evidence should establish the current sleep apnea condition, with a sleep study used to confirm the diagnosis.

Connection or Aggravation sleep apnea

Appropriate evidence may address whether the service-connected disability caused or aggravated the sleep apnea in the veterans.

Sleep Apnea VA Disability Claims USA

Building Evidence for a Sleep Apnea VA Claim

The evidence needed depends on how your sleep apnea is connected to your military service. VA may consider medical, military, and lay evidence when reviewing your claim. Important evidence may include:
  • Sleep study results confirming your diagnosis
  • Medical records documenting symptoms, treatment, and CPAP use
  • Service records showing relevant symptoms, events, or conditions
  • Medical opinions supporting a connection to service or another service-connected condition
  • Lay or buddy statements describing symptoms such as snoring, breathing interruptions, or excessive daytime fatigue
For a secondary claim, medical evidence explaining how your sleep apnea is related to an existing service-connected condition may also be important.
Talk to a VA Disability Attorney

What If You Use a CPAP Machine?

Under the current Diagnostic Code 6847 criteria, requiring a breathing assistance device such as CPAP corresponds to the 50% evaluation level. 

However, the rating issue is separate from establishing entitlement to service connection for sleep apnea.

VA Disability Pay Rates

When Should You File a Sleep Apnea Claim?

You may want to consider filing or seeking review when you have a confirmed diagnosis and evidence that may support service connection, secondary service connection, or a higher evaluation.

Confirmed Diagnosis

You have a documented sleep apnea diagnosis supported by appropriate testing.

Service-Related Evidence

You have evidence connecting your condition, symptoms, or relevant circumstances to military service.

Secondary Connection

You believe sleep apnea is caused or aggravated by an existing service-connected disability.

Rating Increase

Your service-connected sleep apnea has worsened or the current evidence may support a different evaluation.

Previous Denial

Your claim was denied and you now have new evidence or another basis for seeking review.

Appeal or Decision Review

You want to understand your options after an unfavorable VA decision.

Why Sleep Apnea VA Claims Can Be Challenging

01

No In-Service Diagnosis

A diagnosis may not have been made while you were on active duty, creating additional questions about the relationship to service.

02

Insufficient Medical Evidence

Records may not fully document the diagnosis, symptoms, treatment history, or relationship to service.

03

Weak Secondary Nexus

A secondary claim may require evidence addressing the relationship between sleep apnea and an existing service-connected condition.

04

Rating Disputes

The evidence may raise questions about whether the assigned evaluation accurately reflects the applicable rating criteria.

05

Inadequate Examination

Questions may arise about whether a VA examination or medical opinion fully addressed the relevant evidence.

06

Previous Denial

A prior denial may require careful review of the reasons for the decision and the evidence available for further review.

How RLGVA can help with your Sleep Apnea Claim

A VA disability attorney can help you understand the evidence and legal issues involved in your claim and identify potential problems with a VA decision.
Evaluate Your Claim
Review your diagnosis, VA ratings, service history, and potential service-connection theory.
Build the Evidence
Examine medical, sleep-study, service, lay, and other relevant evidence.
Review Secondary Claims
Analyze evidence that may connect sleep apnea to an existing service-connected disability.
Handle Denials & Appeals
Review unfavorable decisions and help you understand available review and appeal options.
Talk to a VA Disability Attorney
Get Help With Your Sleep Apnea VA Disability Claim.
If you have a sleep apnea diagnosis and believe it is connected to your military service or another service-connected condition, understanding your evidence and VA options can be an important first step.
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Musculoskeletal & Orthopedic VA Disability

Frequently Asked Questions

Frequently Asked Questions about Sleep Apnea VA Disability
Can I receive VA disability compensation for sleep apnea?

Potentially. Sleep apnea may qualify for VA disability compensation when the evidence establishes the required connection to military service or another qualifying basis for compensation.

Do I need a sleep study for a VA sleep apnea claim?

VA's Sleep Apnea Disability Benefits Questionnaire states that a sleep apnea diagnosis must be confirmed by a sleep study. Current sleep-study results may therefore be important evidence in a claim.

Does using a CPAP affect my VA rating?

Under the current Diagnostic Code 6847 criteria, requiring a breathing assistance device such as a CPAP corresponds to the 50% evaluation level. Establishing service connection is a separate issue.

Can sleep apnea be secondary to another service-connected condition?

It may be possible. VA recognizes secondary service-connected claims for a new disability linked to a disability that is already service connected. The evidence must establish the required relationship.

What evidence can support my sleep apnea claim?

Depending on your claim, relevant evidence may include a sleep study, medical records, service records, treatment records, CPAP documentation, medical opinions, and lay or buddy statements.

Can a VA disability attorney help with a sleep apnea claim?

An accredited VA attorney may assist with preparing, presenting, and pursuing VA disability claims and appeals. RLGVA can review your circumstances and explain potential legal options.