Proposed rule Proposed rule Updated October 2026
Sleep Apnea Ratings: What Is Proposed and What Is Still Law
VA has proposed changes to how sleep apnea is rated, and the proposal has been widely discussed and widely misunderstood. As of October 2026, it remains a proposal. This briefing separates what is proposed from what is currently law.
The Veteran's Bearing / Intelligence Briefing
01 / What Changed
-
VA proposed changes to the respiratory rating schedule, including sleep apnea, in February 2022 and issued a supplemental proposal in September 2024.
-
The proposal would end the automatic 50 percent rating for CPAP use under current criteria and replace the schedule with symptom-based ratings.
-
As of October 2026, no final rule has been published. Current law still applies.
02 / What It Means
Under current law, veterans who meet the existing criteria, including CPAP use, are rated under the current schedule. The proposed changes would not affect claims decided before any final rule takes effect, and existing ratings are expected to be grandfathered if the rule is finalized.
03 / Why It Matters
Sleep apnea is one of the most common conditions in VA claims, which makes the proposal widely discussed. The distinction between proposal and law matters for every claim decision made while the rulemaking is pending.
04 / Medical Evidence • Legal Framework • Strategic Execution
Medical Evidence
The proposal would base ratings on symptoms and functional impact rather than treatment device use alone.
Legal Framework
Current law is 38 CFR 4.97, Diagnostic Code 6847, until a final rule is published.
Strategic Execution
Veterans considering claims should understand current law and watch the rulemaking, without treating a proposal as a current change.
05 / Sources
Related topics
Note
This briefing is educational commentary, not legal advice. Proposed rules are not law. Verify current law and policy against the official sources listed above before relying on any development.
Next step
A development that raises questions about your position?
The consultation is an orientation conversation: what you are trying to understand, how The Veteran's Bearing teaches, and whether deeper coaching fits.