VA Sleep Apnea Rating Change: Proposed

If you have searched for "the VA is changing the sleep apnea rating," here is the short version: as of mid-2026, nothing has changed. The VA still rates obstructive sleep apnea under Diagnostic Code 6847 at 0%, 30%, 50%, and 100%, and the 50% level is still tied to using a breathing assistance device like a CPAP. There is a proposed change that would rate sleep apnea by your symptoms instead of by the device you use, but it is not final, it has no effective date, and your current rating is protected from being lowered just because the rule changes.

This article explains what is actually proposed, where it stands, and what it does (and does not) mean for you. This is not legal or claims advice, and CPAP Clarity is not affiliated with, endorsed by, or sponsored by the VA. For your specific situation, work with a Veterans Service Organization (VSO) or VA-accredited representative. VSO help is free, and you never have to pay anyone to file or manage a VA claim.

The Current Rules Still Apply

Right now, and for every claim decided today, the VA uses the existing Diagnostic Code 6847 criteria:

• 0%: documented and service-connected, but asymptomatic.
• 30%: persistent daytime sleepiness without a required breathing device.
• 50%: requires use of a breathing assistance device such as a CPAP, BiPAP, or ASV.
• 100%: chronic respiratory failure with carbon dioxide retention, cor pulmonale, or a tracheostomy.

The 50% level is the one most CPAP users qualify for, because it is tied to the prescription and use of the device. For the full breakdown of how these levels and service connection work, see our VA sleep apnea disability ratings guide.

What the Proposed Change Would Do

The VA proposed revising how it evaluates several respiratory conditions, including sleep apnea, in a Federal Register notice on February 15, 2022 (87 FR 8474). The core idea is a shift in what the rating measures: from the treatment you use (do you have a CPAP?) to how symptomatic you remain after treatment (does the treatment actually resolve your symptoms?).

As proposed, the tiers would be built around responsiveness to treatment rather than device use, roughly along these lines:

• 0%: asymptomatic, with or without treatment.
• 10%: incomplete relief of symptoms with treatment.
• 50%: treatment is ineffective (as shown by a sleep study), or you cannot use treatment because of other conditions, without end-organ damage.
• 100%: treatment is ineffective or unusable, with end-organ damage.

The biggest practical differences from today: the automatic 50% for simply using a CPAP would go away, and a veteran whose symptoms are fully controlled by CPAP could be evaluated at 0%.

A caution on the specifics: these tiers come from the 2022 proposed rule, and they can still change before anything becomes final. Treat the percentages above as the proposed direction, not settled law. The authoritative text is the Federal Register itself, the 2022 proposed rule (opens in new tab), and the current status always lives on VA.gov (opens in new tab).

Where It Stands

Last checked: June 2026. Still a proposed rule, with no final rule published. The 2022 notice opened a public comment period that has since closed. As of mid-2026 it remains a proposed rule: no final rule has been published, and there is no effective date. You may see articles predicting a finalization date; those are predictions, not the VA's official timeline. The honest answer to "when does it change?" is that no one outside the VA knows, and until a final rule publishes, the current criteria above are what decide claims.

Your Current Rating Is Protected

This is the part that matters most if you already have a rating. The VA's own announcement of the proposal stated that no change to a veteran's current rating would occur because of these proposed changes, and that no reduction would be made unless an improvement in the veteran's disability is actually shown. In plain terms: a rule change does not, by itself, reach back and lower a rating you already hold. Reductions still require the normal process and evidence of actual improvement.

If you ever receive a proposed-reduction notice, that is a moment to contact your VSO promptly; you have rights and deadlines in that process, and a VSO walks veterans through it at no cost.

What It Means If You Are Filing Now

Because the current rules still control, a claim filed today is decided under the existing 0/30/50/100 criteria. There is no advantage to rushing or delaying based on a rule that is not in effect. The most useful things you can do are the same as always: get a current diagnosis, keep your own records, and work with a VSO. Whether and when to file is a question for you and your representative, not something a rule that has not taken effect should drive.

Your CPAP records your nightly use either way, and that is your own documentation regardless of which version of the rating criteria is in force. You can import your SD card into CPAP Clarity to keep your own usage history, and our guide on CPAP data for VA claims walks through accessing and exporting it.

How to Track the Change

Two reliable places, and only two:

1. VA.gov disability eligibility (opens in new tab) for the current, official rating rules.
2. The Federal Register (opens in new tab) for the proposed rule text and any final rule when it publishes.

Everything else, including this article, is secondary. When a final rule publishes, it will appear in the Federal Register first.

Frequently Asked Questions

Has the VA sleep apnea rating actually changed? No. As of mid-2026, sleep apnea is still rated under Diagnostic Code 6847 at 0%, 30%, 50%, and 100%, and the 50% rating is still tied to using a breathing assistance device. The proposed change has not been finalized and has no effective date.

What is the proposed DC 6847 change? The VA proposed (in a February 15, 2022 Federal Register notice) rating sleep apnea by how symptomatic you remain after treatment rather than by the device you use. As proposed, a veteran whose symptoms are fully controlled by CPAP could be rated at 0%, with higher ratings for incomplete relief or ineffective treatment. The exact tiers could change before any final rule.

Will I lose my 50% rating if the rule changes? A rule change does not, by itself, lower a rating you already hold. The VA stated that no reduction would be made unless an actual improvement in your condition is shown, through the normal reduction process. If you receive a proposed-reduction notice, contact your VSO promptly.

When does the new sleep apnea rule take effect? There is no effective date. It is still a proposed rule. Predictions of a finalization date are not the VA's official timeline. Watch the Federal Register and VA.gov for a final rule.

Should I file my claim now or wait for the new rules? Claims today are decided under the current rules, so there is no rule-based reason to rush or wait. Whether and when to file is a question for you and your VSO based on your own situation, not on a rule that is not in effect.

Where can I see the official rules? The current rating criteria are on VA.gov; the proposed rule and any final rule are in the Federal Register. Both are linked in this article. Those are the authoritative sources.

Primary Sources

• U.S. Department of Veterans Affairs. VA proposes updates to rating schedule for respiratory, auditory and mental disorders (VA News, February 15, 2022). The VA's announcement of the proposal, including the statement that current ratings are protected from reduction. news.va.gov (opens in new tab)
• Schedule for Rating Disabilities: Ear, Nose, Throat, and Audiology Disabilities; Special Provisions Regarding Evaluation of Respiratory Conditions; Schedule for Rating Disabilities: Respiratory System (proposed rule). 87 FR 8474, February 15, 2022 (document 2022-02049). The proposed rule that opened this rulemaking and contains the Diagnostic Code 6847 sleep apnea tiers; the authoritative source for the percentages above. federalregister.gov (opens in new tab)