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Sleep apnea is one of the most commonly claimed conditions among veterans, and for years, the VA has been considering significant changes to how it rates this condition under Diagnostic Code 6847. The proposed rule changes generated enormous public attention, with over 72,000 comments submitted during the public comment period - one of the largest responses to any VA proposed rule in recent history. As of early 2026, here is where things stand and what veterans should know.
Under the current rating schedule, sleep apnea is evaluated at four levels. A 0 percent rating is assigned when the condition is asymptomatic but documented by a sleep study. A 30 percent rating applies when there is persistent daytime hypersomnolence - essentially, ongoing excessive daytime sleepiness. A 50 percent rating is assigned when the veteran requires the use of a breathing assistance device, such as a CPAP machine. A 100 percent rating is reserved for cases involving chronic respiratory failure with carbon dioxide retention or cor pulmonale, or when a tracheostomy is required.
The majority of veterans with service-connected sleep apnea are rated at 50 percent because they use a CPAP machine. This single rating level has been a point of contention for the VA, which has argued that the use of a CPAP alone does not necessarily reflect the true severity of the condition. The VA proposed changing the criteria so that CPAP use would correspond to a lower rating, and higher ratings would require demonstrated functional impairment beyond simply using the device.
Specifically, the proposed changes would have restructured the rating criteria to focus on measurable outcomes such as the Apnea-Hypopnea Index (AHI) scores from sleep studies, oxygen desaturation levels, and the degree to which the condition impairs daily functioning and employment. Under the proposed framework, simply using a CPAP machine without evidence of more severe respiratory impairment could result in a rating lower than 50 percent for new claimants.
The public response was overwhelming. Over 72,000 comments were submitted, with the vast majority opposing the proposed changes. Veterans, VSOs, medical professionals, and advocates argued that the proposed criteria failed to account for the real-world impact of sleep apnea on veterans' lives. Many pointed out that CPAP compliance is itself burdensome, that the machines are disruptive to sleep and relationships, and that the condition carries serious cardiovascular and cognitive risks that the new criteria undervalued.
Commenters also raised concerns about the practical impact on veterans who are currently rated at 50 percent. While the VA stated that existing ratings would be protected under the proposed rule, many veterans and advocates remained skeptical about how that protection would work in practice - particularly during future re-evaluations or when filing claims for increases in other conditions that might trigger a review of the sleep apnea rating.
As of the beginning of 2026, the proposed rule changes remain paused. The VA has not published a final rule, and the current rating criteria under DC 6847 continue to apply. This means that veterans filing claims for sleep apnea today are still evaluated under the existing framework, where CPAP use generally supports a 50 percent rating. However, the proposed changes have not been withdrawn, which means they could be finalized at some point in the future.
For veterans who currently have a 50 percent rating for sleep apnea, the most important thing to know is that your existing rating is protected under current law. The VA cannot reduce your rating without following specific procedural requirements, including demonstrating sustained material improvement in your condition based on medical evidence. Simply changing the rating criteria does not automatically trigger a reduction in existing ratings.
That said, it is wise to maintain thorough documentation of your condition. Continue attending follow-up appointments, keeping your CPAP compliance data current, and reporting any worsening symptoms to your healthcare provider. If your condition has worsened - for example, if you are experiencing cardiac complications, severe cognitive impairment, or your AHI scores have increased - consider filing for an increased rating under the current criteria while they remain in effect.
For veterans with pending sleep apnea claims, the current criteria still apply. If you have a diagnosis from a sleep study and have been prescribed a CPAP machine, you should include that documentation in your claim. Make sure your medical records clearly show the diagnosis, the prescription for the CPAP, and your ongoing compliance with treatment. The C&P examiner will use the current DC 6847 criteria to evaluate your condition.
Veterans who suspect they have sleep apnea but have not yet been diagnosed should pursue a sleep study as soon as possible. If you are still within your first year of separation from service, a diagnosis during that period can make it easier to establish service connection. Even if you separated years ago, a current diagnosis combined with evidence of symptoms during service - such as buddy statements from bunkmates who witnessed loud snoring, gasping, or breathing interruptions during sleep - can support your claim.
It is also worth noting that sleep apnea can be claimed as secondary to other service-connected conditions. Research has established links between sleep apnea and conditions such as PTSD, traumatic brain injury, sinusitis and rhinitis, obesity related to service-connected orthopedic conditions that limit physical activity, and certain medications prescribed for service-connected conditions. If you have an existing service-connected condition that may have caused or aggravated your sleep apnea, a secondary service connection claim may be appropriate.
The Claim Recon platform provides tools to help you understand and prepare your sleep apnea claim. The Conditions Database includes detailed information about DC 6847, the current rating criteria, and the evidence the VA evaluates. The C&P Exam Prep tool can help you understand what to expect during your examination and how to describe your symptoms effectively.
Disclaimer: This article is for educational and informational purposes only. It does not constitute legal, medical, or VA claims advice. The status of proposed VA regulations may change at any time. Always verify current policies at VA.gov or consult with an accredited VSO, attorney, or claims agent before making decisions about your benefits.
Written by Claim Recon Editorial