The 2026 Sleep Apnea Rating Change: Current vs. Proposed Criteria

This is the first entry in a standing rule tracker: we follow VA rating changes against the primary sources, with the status and retrieval date printed on the page, so you are reading the regulation rather than a rumor. Everything below was checked against the Federal Register and the eCFR on July 9, 2026.

Short version: nothing has changed yet. Sleep apnea is still rated under the criteria in the current 38 CFR 4.97, Diagnostic Code 6847, and a prescribed breathing assistance device still supports a 50 percent rating. VA has proposed to rebuild that scheme, but as of the date above it has not published a final rule.

Why this one matters

Sleep apnea is one of the most common service-connected respiratory conditions, and its current rating structure turns on treatment required, not test severity. If your doctor prescribes a CPAP machine and the record shows it is medically required, that alone supports 50 percent, regardless of your apnea-hypopnea index. The proposal would end that automatic link. Because it touches so many veterans and changes the single fact most sleep apnea claims turn on, it is worth understanding precisely, and worth not overreacting to.

Current criteria, in effect today

These are the criteria the VA rates under right now, under DC 6847:

• 100 percent: chronic respiratory failure with carbon dioxide retention or cor pulmonale, or requires a tracheostomy.
• 50 percent: requires use of a breathing assistance device such as a continuous positive airway pressure (CPAP) machine.
• 30 percent: persistent daytime hypersomnolence.
• 0 percent: asymptomatic but with documented sleep disordered breathing.

For how these criteria play out in a claim, and what evidence a rater actually needs, see the sleep apnea condition page.

The proposed criteria, side by side

VA published a proposed rule on February 15, 2022, at 87 FR 8474, that would revise the respiratory rating schedule, including DC 6847. The proposal moves sleep apnea off the “what treatment is prescribed” axis and onto a “how well treatment works” axis. Under the proposed table, an effectively treated veteran could rate at 0 or 10 percent, and the 50 percent level would require that treatment be ineffective or unusable.

The proposed rule states its own reasoning: VA wrote that the current criteria “evaluate based upon treatment rather than actual impairment,” and that the revision would compensate impairment that remains after treatment rather than the fact of a prescription. The proposal also adds a note defining qualifying comorbid conditions, meaning conditions that in a qualified provider’s opinion prevent effective use of treatment, such as certain skin reactions to a mask, Parkinson’s disease, missing limbs, facial disfigurement, or skull fracture.

Status: proposed, not final

This is the part that matters most, so read it slowly.

• The February 15, 2022 document is a proposed rule. Its public comment period closed on April 18, 2022.
• VA later issued a supplemental notice of proposed rulemaking on September 12, 2024, at 89 FR 74162, under the same rulemaking (regulatory identifier 2900-AQ72). That supplement’s own new proposal concerned adding a diagnostic code for constrictive bronchiolitis, and it reopened comment, which closed on October 15, 2024.
• As of July 9, 2026, VA has not published a final rule. Both comment periods are closed, but no final rule and no effective date have been issued.

Because no final rule exists, the proposed table above is not law and is not being used to rate anyone. It is a proposal that could be adopted as written, adopted with changes, or not adopted at all.

What “not final” means for you

There is no action to rush, and a few things worth knowing:

• Claims are decided under the criteria in effect on the date of the decision. Today that is the current DC 6847. A pending proposal does not change how your claim is rated now.
• Existing ratings are not automatically cut when criteria change. VA cannot reduce a rating simply because a diagnostic code was revised; a reduction requires the normal reduction rules and evidence of actual improvement. Some ratings are additionally shielded by time-based protections, covered in our guide on protected VA ratings.
• There is no sound reason to panic-file. Filing a claim you were not otherwise ready to file, on a theory that a proposed rule creates a deadline, is not something we recommend, because the current rule remains in force and the proposal has no effective date. If you have a genuine claim to bring, bring it on its merits.

If you want help deciding whether and when to file, use a free VA-accredited representative rather than a paid claims company. Our page on why VeteranPlug is free and how the fee rules work explains who may lawfully charge you and points to the VA’s accredited representative search.

We will update this entry when the record changes, whether that is a final rule, a withdrawal, or a new supplemental notice.

Primary sources, verified July 9, 2026

• 38 CFR 4.97, Diagnostic Code 6847, current sleep apnea criteria. Cornell Legal Information Institute, retrieved July 9, 2026.
• 87 FR 8474, proposed rule, February 15, 2022, proposing the revised respiratory schedule including DC 6847; comment period closed April 18, 2022. Federal Register, retrieved July 9, 2026.
• 89 FR 74162, supplemental notice of proposed rulemaking, September 12, 2024, same rulemaking (RIN 2900-AQ72); comment period closed October 15, 2024. Federal Register, retrieved July 9, 2026.
• No final rule for RIN 2900-AQ72 was on record as of July 9, 2026.