Sleep Apnea

Sleep apnea is a sleep disorder in which breathing repeatedly stops and starts during sleep. These breathing interruptions can last ten seconds or longer and may occur dozens of times per hour.

Common symptoms include:

• Loud, chronic snoring
• Daytime fatigue
• Morning headaches
• Dry mouth upon waking
• Insomnia
• Mood swings
• Difficulty concentrating

Untreated sleep apnea increases the risk of:

• High blood pressure
• Stroke
• Heart attack
• Arrhythmia
• Type 2 diabetes
• Metabolic syndrome

What Is Obstructive Sleep Apnea (OSA)?

Obstructive sleep apnea is the most common type. It occurs when throat muscles relax during sleep and block the airway.

OSA severity is measured using the Apnea-Hypopnea Index (AHI):

• Mild: AHI between 5 and 15
• Moderate: AHI between 15 and 30
• Severe: AHI over 30

Many veterans with OSA require CPAP (continuous positive airway pressure) therapy to keep airways open during sleep.

What Is Central Sleep Apnea (CSA)?

Central sleep apnea is less common. It occurs when the brain fails to send proper signals to the muscles that control breathing. CSA is often linked to neurological conditions or traumatic brain injury.

A sleep study, also called a polysomnography test, is required to diagnose sleep apnea.

During the study, medical professionals monitor:

• Breathing patterns
• Oxygen levels
• Heart rate
• Brain activity
• Apnea events per hour

Without a confirmed medical diagnosis supported by a sleep study, the VA will likely deny your claim.

To receive VA disability benefits for sleep apnea, you must provide:

1. A current medical diagnosis (typically confirmed by sleep study)
2. Evidence of an in-service event, illness, or exposure
3. A medical nexus linking your sleep apnea to military service

Helpful evidence includes:

• Service treatment records
• Lay statements from fellow service members (“buddy statements”)
• Spouse or partner observations of snoring or breathing pauses
• Medical opinions linking sleep apnea to PTSD or TBI

Secondary claims require proof that the primary service-connected condition caused or aggravated sleep apnea.

What Is the VA Rating for Sleep Apnea?

Under the current VA rating schedule, sleep apnea is rated at:

0% Rating

Documented sleep disorder without symptoms.

30% Rating

Persistent daytime hypersomnolence (excessive daytime sleepiness).

50% Rating

Requires 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.

Most veterans who use a CPAP machine receive a 50% VA disability rating.

The VA has proposed changes to how sleep apnea is rated, including potentially reducing compensation when symptoms are controlled by CPAP therapy. However, as of now, the existing rating schedule remains in effect.

It is critical to file your claim under current rules whenever possible.

Common reasons include:

• No confirmed diagnosis from a sleep study
• Failure to establish service connection
• Lack of medical nexus opinion
• Missing documentation
• Failure to attend a Compensation & Pension (C&P) exam

Secondary sleep apnea claims are frequently denied without strong medical evidence linking the condition to PTSD or TBI.

It can be difficult, especially for secondary claims. The VA often challenges whether sleep apnea is directly related to service or caused by another condition.

Well-supported claims with strong nexus letters significantly increase the chance of approval.

If your claim was denied within the past year, you may file:

• A Supplemental Claim with new evidence
• A Higher-Level Review
• An appeal to the Board of Veterans’ Appeals

Many denied sleep apnea claims can be approved on appeal with proper medical documentation.

At Wettermark Keith Veterans Disability Lawyers, we:

• Review your denial letter
• Obtain medical nexus opinions
• Help establish secondary service connection
• Gather buddy statements and lay evidence
• Prepare appeals and represent you before the VA

We understand how to build strong sleep apnea VA claims and maximize disability ratings.