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VA Disability Rating Guide

Obstructive Sleep Apnea (OSA) — VA disability rating

38 CFR 4.97 Diagnostic Code 6847
Rated 0/30/50/100% under DC 6847. CPAP-required = automatic 50%; persistent symptoms despite treatment can reach 100%.

Rating tiers

0%
Asymptomatic but with documented sleep disorder breathing.
$ pay rate at 0% →
30%
Persistent daytime hypersomnolence (excessive sleepiness). NO CPAP required.
$ pay rate at 30% →
50%
Requires use of breathing assistance device (CPAP, BiPAP, APAP). This is the most common rating — once you have a CPAP, you typically get at least 50%.
$ pay rate at 50% →
100%
Chronic respiratory failure with carbon-dioxide retention or cor pulmonale, OR requires tracheostomy. Very rare for OSA alone.
$ pay rate at 100% →

Evidence checklist

  • Sleep study (polysomnogram or home sleep test) showing AHI (apnea-hypopnea index) ≥ 5 events/hour
  • CPAP/BiPAP prescription + use records (compliance reports from device download — typically 4+ hours/night for 70%+ of nights)
  • In-service sleep disturbance documentation (if claiming direct service-connection) OR diagnosis after service (if claiming secondary to PTSD/burn-pit/weight gain)
  • Nexus letter linking sleep apnea to in-service event/condition (often filed as secondary to PTSD, TBI, or PACT-Act respiratory presumptives)

Common filing mistakes

  • Not filing as secondary to a service-connected condition — sleep apnea secondary to PTSD/TBI/burn-pit is much more commonly granted than direct service-connection
  • Claiming 100% based on CPAP alone — CPAP only triggers 50%, not 100%
  • Failing to claim secondary conditions like erectile dysfunction (often secondary to OSA) which can add a SMC-K award

How to file

File VA Form 21-526EZ with the diagnosis evidence above. A free CVSO will assemble your claim and file it on your behalf at no cost.

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Related conditions

Other VA rating guides

About this guide

VA disability rating criteria are defined in 38 CFR Part 4 (Schedule for Rating Disabilities). Criteria are subject to revision; always verify current rules at va.gov/disability/ before filing. This page is informational and is not a substitute for personalized advice from a CVSO, VSO representative, or VA-accredited attorney. Free claim help available from CVSOs and VSOs.