Open your claim for VA benefits by submitting a claim with the VA. Your claim should include every condition you wish to have considered for a service connection, and all supporting evidence necessary to prove both the service connection and to support the Disability Rating requirements.
Once your claim for benefits has been received, the VA will request and review additional evidence from you, your healthcare providers, government agencies, and others. The Rating Veterans Service Representative (RVSR) will review the evidence and make a decision.
The VA will then issue a Rating Decision. The VA can either deny or grant your claim at this stage. If your claim is granted, you will receive a disability rating with an effective date. This is the date you can start receiving disability benefits. It is typically the date your claim was received.
If you disagree with the VA benefits claim decision or believe you should have received a higher disability rating, you can file a Supplemental Claim, request a Higher Level Review, or file a Board Appeal. We recommend that you seek experienced legal counsel when filing your appeal.
If your claim for VA disability benefits was denied, a VA disability benefits attorney can help you receive a higher disability rating, gather the necessary evidence to prove your claim, and tailor an argument on your behalf to the decision-maker or judge.
If you snore loudly, wake up gasping, or feel exhausted no matter how long you sleep, you may be living with obstructive sleep apnea (OSA). If you already have a service-connected condition, you may be able to get VA compensation for your sleep apnea, even if it was never diagnosed in service.
This is called secondary service connection. Here's how it works, what evidence matters, and what to do if VA says no.
Under VA regulation 38 CFR § 3.310, a disability that is "proximately due to or the result of" a service-connected condition is also service connected.
The rule also covers aggravation. If a service-connected condition didn't cause your sleep apnea but made it worse, VA can compensate you for the added severity beyond your baseline. Aggravation claims depend on medical records showing how severe the condition was before it worsened.
That third piece is where most claims are won or lost.
No condition automatically leads to service connection for sleep apnea. Every case turns on its own medical facts. Veterans often pursue secondary claims based on:
Your doctor, not a website, should be the one connecting the dots in your case.
If you had symptoms in service, like snoring or gasping that a bunkmate noticed, or constant fatigue, you may be able to claim sleep apnea directly. You can argue both theories in the same claim.
VA rates sleep apnea under Diagnostic Code 6847 (38 CFR § 4.97). As of November 2026, the criteria are:
In 2022, VA proposed rating sleep apnea based on how well treatment works, which could mean a lower rating for a veteran whose CPAP controls symptoms. That proposal is not final. VA's latest regulatory agenda projects a final rule in April 2027, but that target has slipped before. Until a final rule takes effect, the current criteria apply.
Common reasons include no sleep study, a negative or poorly explained C&P opinion, an examiner who never considered aggravation, or one who ignored a weight-gain theory the record supported. Many of these problems can be fixed.
If VA denies your claim, you generally have three choices:
Choosing the right option, at the right time, can make a real difference.
You served your country. You shouldn't have to fight VA alone for the benefits you've earned. If you think your sleep apnea is connected to a service-connected condition, or VA has already denied you, The Simpson Legal Group can help. Contact us for a free 30-minute phone consultation to talk through your options.
This article is general information, not legal advice.
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