Thousands of veterans across the U.S. suffer from sleep apnea, yet many don’t realize they qualify for higher VA benefits.
If you’re a veteran struggling with obstructive sleep apnea (OSA) and using a CPAP machine, you may be entitled to a higher VA disability rating than you think. Many veterans qualify for a 50% VA rating simply because their sleep apnea requires continuous use of a CPAP device but getting that rating approved requires precise documentation and evidence.
In this guide, we’ll explain how to get a 50 percent VA rating for sleep apnea with CPAP, what the VA looks for in these claims, and how Gumps Legal can help you secure the benefits you’ve earned.
Understanding VA Disability Ratings for Sleep Apnea
The VA rates sleep apnea under Diagnostic Code 6847 in the Schedule for Rating Disabilities, with possible ratings of 0%, 30%, 50%, or 100% based on severity and treatment needs.
Obstructive sleep apnea, the most common type among veterans, disrupts breathing during sleep and can lead to daytime fatigue, health complications, and reduced quality of life. Ratings reflect how much the condition impairs your daily functioning:
- 0% Rating: Asymptomatic, with documented sleep disorder breathing but no significant symptoms.
- 30% Rating: Persistent daytime hypersomnolence (excessive sleepiness) without requiring advanced treatment.
- 50% Rating: Requires the use of a breathing assistance device, such as a CPAP machine.
- 100% Rating: Chronic respiratory failure with carbon dioxide retention, cor pulmonale, or requires a tracheostomy.
The 50% rating is particularly common for veterans prescribed CPAP, as it recognizes the need for ongoing therapy to manage symptoms. Note that proposed changes to the rating system could shift this—potentially introducing a 10% level and basing ratings more on treatment effectiveness rather than just CPAP prescription. As of October 2025, the current system still applies, but veterans should file soon to lock in benefits under existing rules.
Evidence Checklist: What to Include with Your Claim
Use this checklist to prepare a complete submission. Missing items are the most common reasons for delay or denial.
- An official sleep study (polysomnography) report with diagnostic findings.
- A written prescription or order for CPAP or similar device from a licensed medical provider.
- CPAP compliance records (machine data, clinic reports, or provider notes showing regular use).
- Medical records showing symptoms (daytime sleepiness, fatigue, cognitive effects) and treatment history.
- Nexus evidence linking your sleep apnea to military service (direct, aggravation, or secondary connection).
- Lay statements from spouse, family, or coworkers describing observed symptoms (snoring, gasping, daytime sleepiness).
- Completed Disability Benefits Questionnaire (DBQ) for sleep apnea and any C&P exam records.
Criteria for a 50% VA Rating for Sleep Apnea with CPAP
To qualify for a 50% rating, you must demonstrate that your sleep apnea requires a CPAP machine or similar device for treatment. This is often referred to as the “automatic” 50% for CPAP users, but it’s not truly automatic—you need solid evidence. Key criteria include:
- A confirmed diagnosis of sleep apnea via a sleep study (polysomnography) showing an apnea-hypopnea index (AHI) typically above 15 events per hour for moderate to severe cases.
- Prescription and consistent use of CPAP, documented by your doctor.
- Persistent symptoms like daytime hypersomnolence, even with treatment, impacting work or daily activities.
The VA uses the Disability Benefits Questionnaire (DBQ) for sleep apnea to evaluate these factors during a Compensation and Pension (C&P) exam. In the DBQ, sections on diagnosis, symptoms (e.g., hypersomnolence), and treatment (e.g., CPAP requirement) directly tie into the 50% criteria.
How to Strengthen Your VA Sleep Apnea Claim
Many veterans are denied or underrated because they don’t submit enough medical or lay evidence. Here’s how to improve your chances:
- Include a Nexus Letter
A nexus letter from a licensed physician connects your sleep apnea directly to your service or a secondary condition. Gumps Legal can help you obtain strong, medically supported nexus statements.
- Document CPAP Use Regularly
If your machine records usage data, download and include it in your claim. This shows ongoing treatment and compliance, which supports your rating.
- Get Statements from Spouses or Roommates
Lay statements describing loud snoring, gasping, or apnea episodes can support your initial diagnosis, especially if your condition developed during or soon after service.
- File for Secondary Service Connection if Applicable
If your sleep apnea developed because of another condition (for example, PTSD or weight gain from medications), you may qualify for a secondary service connection that still leads to a 50% or higher rating.
Why Veterans Get Denied and How to Avoid It
Common reasons for denial include:
- No confirmed sleep study.
- No official CPAP prescription.
- Missing nexus between service and condition.
- Submitting incomplete or outdated medical evidence.
At Gumps Legal, we specialize in correcting these issues through appeals, supplemental claims, and medical evidence development, ensuring your case meets the VA’s exact requirements.
How Gumps Legal Helps Veterans Get Approved
The VA claims process can be complicated, but you don’t have to face it alone. Gumps Legal has helped thousands of veterans across the U.S. secure higher ratings for sleep apnea and related conditions.
Our legal team:
- Reviews and rebuilds denied claims.
- Connects you with qualified medical professionals for nexus letters.
- Submits detailed evidence packets tailored for maximum rating outcomes.
- Handles all communication with the VA so you can focus on your health.
We know what the VA looks for and how to make your claim stand out.
Get the Benefits You Deserve
Getting a 50 percent VA rating for sleep apnea with CPAP isn’t just about proving you have the device, it’s about providing the right evidence in the right way. With proper documentation and experienced guidance, you can maximize your rating and your monthly compensation.
If you’ve been denied or underrated for sleep apnea, don’t give up.
Q: Can I still get a 50% VA rating if I bought my CPAP myself?
A: Yes, but you’ll need medical proof that a doctor prescribed or recommended CPAP therapy for your diagnosed sleep apnea.
Q: What if my VA claim for sleep apnea was denied?
A: You can appeal the decision or submit new evidence with a supplemental claim. Gumps Legal helps veterans build stronger, medically supported appeals.
Q: Does the VA ever rate sleep apnea higher than 50%?
A: Yes. If your condition causes chronic respiratory failure or you require a tracheostomy, you may qualify for a 100% rating.
If you believe you qualify for a 50% rating for sleep apnea with CPAP, contact Gumps Legal for a free case review. We will evaluate your medical records, outline missing evidence, and advise on the best path forward.
Contact: https://gumpslegal.com/ | Phone: (888) 854-8677