How the VA Rates Sleep Apnea
The plain-English version of the 38 CFR § 4.97, DC 6847 criteria a VA rater evaluates Sleep Apnea against, with the 2026 monthly rate at each level. A reference to what the regulation describes — never a prediction of any rating.
38 CFR § 4.97, DC 6847
Sleep Apnea · 4 levels
- 100%$3,938.58a month
- 50%$1,132.90a month
- 30%$552.47a month
- 0%$0 · still service-connected
2026 VA rates (effective December 1, 2025), veteran alone, as the only rated condition. VA decides the level.
Key facts
- Regulation
- 38 CFR § 4.97, DC 6847
- Diagnostic code
- 6847
- Levels in the schedule
- 0% · 30% · 50% · 100%
- Top level (100%) pays
- $3,938.58/month2026, veteran alone
The rating levels
Criteria paraphrased from 38 CFR § 4.97, DC 6847 for readability. Monthly amounts are the 2026 rate (effective December 1, 2025) for a veteran with no dependents if this were the only rated condition — dependents add more, and multiple conditions combine under the VA’s own math.
- 100%
$3,938.58/month
Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or; requires tracheostomy.
Examples from this level’s criteria
- Chronic respiratory failure with carbon dioxide (CO2) retention, or
- Cor pulmonale (right-sided heart failure), or
- Tracheostomy required
- 50%
$1,132.90/month
Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine. The regulation names CPAP as an example ("such as"); for another device (BiPAP, or a mandibular advancement device/oral appliance), make sure the record shows it was prescribed as a breathing assistance device for the sleep apnea.
Examples from this level’s criteria
- Prescribed and using a CPAP machine (or another prescribed breathing assistance device such as BiPAP)
- If CPAP was not tolerated, the alternative device prescription is documented
- Breathing assistance device required for sleep-disordered breathing
- 30%
$552.47/month
Persistent day-time hypersomnolence (excessive daytime sleepiness).
Examples from this level’s criteria
- Persistent excessive daytime sleepiness despite treatment
- Fatigue affecting daily function
- Difficulty concentrating or staying awake during routine tasks
- Daytime somnolence documented by provider
- 0%
$0/month (0% is still service-connected)
Asymptomatic but with documented sleep disorder breathing.
Examples from this level’s criteria
- Diagnosed via polysomnography
- No current symptoms
The listed symptoms are examples that appear in each level’s criteria — not a checklist that earns a percentage. Raters apply the criteria as a whole.
The evidence that matters most
Sleep study documenting apnea events + CPAP prescription — requiring a CPAP is, by itself, the 50% level's criterion
C&P exam tips for Sleep Apnea
- 1Bring your CPAP compliance report — it shows nightly usage and AHI data, proving the severity of your condition.
- 2Describe daytime symptoms even with CPAP: nodding off at work, unable to drive safely, cognitive fog.
- 3Mention any ER visits or hospitalizations for respiratory events.
- 4Connect sleep apnea to other conditions: PTSD nightmares disrupting CPAP use, obesity from service-connected conditions, etc.
Common mistakes on Sleep Apnea claims
- Not making sure the record shows the CPAP (or other breathing assistance device) is prescribed and required — under DC 6847 the device requirement itself is the 50% criterion, whether or not it relieves your symptoms.
- Not bringing CPAP data to the exam.
- Failing to mention the functional impact: fell asleep driving, can't keep a job requiring alertness.
- Not documenting the secondary conditions sleep apnea causes (hypertension, depression, cognitive issues).
Frequently asked questions
What diagnostic code does the VA use for Sleep Apnea?
Sleep Apnea is rated under 38 CFR § 4.97, DC 6847 — diagnostic code 6847.
What is the highest schedular VA rating for Sleep Apnea?
100% is the highest level in the rating schedule for Sleep Apnea. The criteria at that level describe: Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or; requires tracheostomy.
How much does a 100% VA rating for Sleep Apnea pay in 2026?
$3,938.58 per month, tax-free, for a veteran with no dependents (rates effective December 1, 2025) — more with a spouse, children, or dependent parents. If you have other rated conditions, the VA combines ratings using its own math rather than adding them.
Can Sleep Apnea be claimed as a secondary condition?
Yes — veterans commonly file Sleep Apnea secondary to PTSD / Mental Health, Asthma, Chronic Sinusitis / Rhinitis under 38 C.F.R. § 3.310. What carries a secondary claim is a medical nexus opinion connecting it to the service-connected condition.
Related tools & guides
- Free toolCheck your symptoms against the Sleep Apnea criteria
- GuideThe nexus letter for Sleep Apnea — what it must say
- Free tool2026 pay rates & combined-rating calculator
- ResearchSleep Apnea — the research & law behind the claim
- GuideSleep Apnea secondary to PTSD / Mental Health
- GuideSleep Apnea secondary to Asthma
- GuideSleep Apnea secondary to Chronic Sinusitis / Rhinitis
- GuideDiabetes Mellitus, Type 2 (Secondary to Sleep Apnea) secondary to Sleep Apnea
- GuideHypertension (Secondary to Sleep Apnea) secondary to Sleep Apnea
- GuideIschemic Heart Disease (Secondary to Sleep Apnea) secondary to Sleep Apnea
- GuideCor Pulmonale (Right-Sided Heart Failure) secondary to Sleep Apnea
Build your Sleep Apnea claim documentation
Your first claim builds free, on screen — a personal statement mapped to these criteria and a cited draft medical opinion. No card to sign up.
Educational information about the rating schedule — not legal or medical advice, never a prediction or promise of any rating, and not affiliated with the VA.