Winning a VA Sleep Apnea Claim

Sleep apnea is one of the most commonly denied VA claims — not because it is rare, but because veterans file it without a sleep study or a nexus.

How VA rates sleep apnea

Rating	Criteria
0%	Asymptomatic with documented sleep disorder breathing
30%	Persistent daytime hypersomnolence
50%	Requires use of a breathing assistance device such as CPAP
100%	Chronic respiratory failure or tracheostomy required

The 50% rating is the one most veterans qualify for, and it requires a prescribed CPAP.

What you need

1. A sleep study (polysomnogram) with a diagnosis of obstructive sleep apnea
2. A CPAP prescription if you are seeking 50%
3. Evidence of in-service symptoms, or a nexus to a service-connected condition

Secondary service connection

Sleep apnea is frequently granted secondary to:

• PTSD or other mental health conditions
• Chronic rhinitis or sinusitis
• Asthma
• Weight gain caused by a service-connected orthopedic condition

A nexus letter should state that the primary condition "at least as likely as not" caused or aggravated the apnea, and explain the mechanism.

Lay statements help

Statements from a spouse or barracks roommate describing loud snoring and witnessed breathing stops during service are powerful when your service treatment records are silent.

Frequently asked questions

Do I need a sleep study from service? No — a current study plus a credible nexus is enough.

Does using a mouth guard count? VA has argued it does not meet the 50% criteria; a CPAP is the safer evidence.