Is the VA sleep apnea rating change final?

No. As of 2026 it is a proposed rule, not a final rule. The VA first proposed revising its respiratory rating schedule (including sleep apnea) in February 2022 and issued a revised supplemental proposal in September 2024. After pushback from veterans service organizations and members of Congress, the VA indicated it would pause implementation while it reviews public comments. No final rule has published, so the current criteria still apply to every claim.

Will I lose my 50% sleep apnea rating if the rules change?

Almost certainly not for an existing rating. Under 38 CFR 3.951, a change to the rating schedule cannot be used to reduce a rating already in effect unless medical evidence shows your condition actually improved. A schedule revision by itself is not grounds for a reduction. New criteria would apply to new claims filed after any final rule takes effect, not to ratings you already hold.

What is actually being proposed for sleep apnea?

The proposal would end the automatic 50% rating for simply using a CPAP and remove the 30% tier. Instead, ratings would be based on how much impairment remains after treatment: roughly 0% if a device successfully resolves symptoms, 10% for incomplete relief, 50% if the condition cannot be treated effectively or the device cannot be used, and 100% for the most severe cases. These figures are proposed and could change before any final rule.

Should I file my sleep apnea claim now?

If you have symptoms or a diagnosis and have not filed, filing while the current rules are in effect means your claim is evaluated under the existing criteria, where a prescribed CPAP supports a 50% rating. You need a sleep study confirming the diagnosis and a service connection (direct or secondary, for example secondary to PTSD, sinusitis, or weight gain from another service-connected condition). Talk to an accredited VSO — their help is free.

VA Sleep Apnea Rating Changes (Proposed): 2026 Status

You may have seen warnings that the VA is about to take away the 50% sleep apnea rating for CPAP users. Here is the accurate picture: it is proposed, not final, and currently paused — the current rules still apply, and if the change ever finalizes, your existing rating is protected.

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Sources: VA — proposed rule, Schedule for Rating Disabilities: respiratory (RIN 2900-AP58), 38 CFR 3.951 — preservation of disability ratings, 38 CFR 4.97, DC 6847 — current sleep apnea criteria

The short version

Proposed, not law. No final rule has published. The VA proposed it in Feb 2022, revised it in Sep 2024, and after VSO and congressional pushback said it would pause while reviewing comments.
Current rules still apply to every claim right now — a prescribed CPAP still supports a 50% rating.
Your existing rating is protected. Under 38 CFR 3.951, a schedule change cannot reduce a rating you already have unless medical evidence shows real improvement. Any new criteria would apply to new claims, not ratings you already hold.
If you have sleep apnea and have not filed, now is a good time — filing under the current rules is the point the flyers are (rightly) making.

Current vs. proposed criteria

Current (in effect today)

100%Chronic respiratory failure with carbon dioxide retention or cor pulmonale (right-heart failure), or requires a tracheostomy.

50%Requires use of a breathing assistance device such as a CPAP machine.

30%Persistent daytime sleepiness (hypersomnolence).

0%Asymptomatic, but with documented sleep-disordered breathing.

Proposed (not final)

100%Treatment is ineffective or cannot be used and severe complications remain (e.g., cor pulmonale, or the need for a tracheostomy).

50%Sleep apnea that cannot be treated effectively, or treatment cannot be tolerated/used.

10%Incomplete relief of symptoms despite treatment (residual symptoms on CPAP).

0%Asymptomatic with treatment — i.e., a CPAP that resolves your symptoms. This is the big change: successful CPAP no longer means an automatic 50%.

Proposed figures reflect the 2022 proposed rule and the September 2024 supplemental proposal and could change before any final rule. The 30% tier would be removed under the proposal.

What to do now

Have symptoms but never filed? Get a sleep study and file. While the current rules are in effect, a prescribed CPAP supports a 50% rating. Establish the service connection — direct, or secondary to a condition like PTSD, sinusitis, or rhinitis.

Already rated at 50%? You do not need to do anything. 38 CFR 3.951 preserves your rating against a schedule change. Avoid filing an unnecessary claim for increase that could invite a new exam.

Use a free, accredited VSO to file or review — never pay a percentage of your back pay to a non-accredited "claim shark."

Estimate your rating and pay: the sleep apnea condition guide, the combined-rating calculator, and all VA conditions.

Educational information, not legal or medical advice, and not a substitute for the 38 CFR Schedule for Rating Disabilities. Confirm current status on VA.gov or with an accredited VSO. Last reviewed July 2026.

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VA Sleep Apnea Rating Changes (Proposed): 2026 Status

🇺🇸 Built by a veteran, for veterans·100% free — no login, no upsell·Reviewed July 2026

The short version

Proposed, not law. No final rule has published. The VA proposed it in Feb 2022, revised it in Sep 2024, and after VSO and congressional pushback said it would pause while reviewing comments.
Current rules still apply to every claim right now — a prescribed CPAP still supports a 50% rating.
Your existing rating is protected. Under 38 CFR 3.951, a schedule change cannot reduce a rating you already have unless medical evidence shows real improvement. Any new criteria would apply to new claims, not ratings you already hold.
If you have sleep apnea and have not filed, now is a good time — filing under the current rules is the point the flyers are (rightly) making.

Current vs. proposed criteria

Current (in effect today)

100%Chronic respiratory failure with carbon dioxide retention or cor pulmonale (right-heart failure), or requires a tracheostomy.

50%Requires use of a breathing assistance device such as a CPAP machine.

30%Persistent daytime sleepiness (hypersomnolence).

0%Asymptomatic, but with documented sleep-disordered breathing.

Proposed (not final)

100%Treatment is ineffective or cannot be used and severe complications remain (e.g., cor pulmonale, or the need for a tracheostomy).

50%Sleep apnea that cannot be treated effectively, or treatment cannot be tolerated/used.

10%Incomplete relief of symptoms despite treatment (residual symptoms on CPAP).

0%Asymptomatic with treatment — i.e., a CPAP that resolves your symptoms. This is the big change: successful CPAP no longer means an automatic 50%.

Proposed figures reflect the 2022 proposed rule and the September 2024 supplemental proposal and could change before any final rule. The 30% tier would be removed under the proposal.

What to do now

Already rated at 50%? You do not need to do anything. 38 CFR 3.951 preserves your rating against a schedule change. Avoid filing an unnecessary claim for increase that could invite a new exam.

Use a free, accredited VSO to file or review — never pay a percentage of your back pay to a non-accredited "claim shark."

Estimate your rating and pay: the sleep apnea condition guide, the combined-rating calculator, and all VA conditions.

ShareFacebook Reddit X LinkedIn

More free tools

Chart Your Claim

Navigate your VA claim step by step

VA Claim Builder

Build a full, evidence-backed claim step by step

Presumptive Conditions Checker

PACT Act / Agent Orange / burn-pit eligibility

Exposure Checker

Where you served, mapped to presumptives

Denial Letter Analyzer

Decode your VA denial and fix it

Symptom Tracker

Log symptoms for your C&P exam