BVA decisions by condition
Sleep apnea: BVA grant rates and what wins
From 2017 to 2026, the Board of Veterans' Appeals decided a sleep apnea issue in 59,712 decisions. It granted the sleep apnea issue in 26.4% of them, above the 19.4% grant rate for all conditions, denied it in 21.8%, and remanded it in 50.3%. Counting only decisions on the merits (granted or denied), 54.7% were granted.
From Board of Veterans' Appeals decisions: appeals, not VA's first decisions. Issue-level outcomes.
Decisions
59,712
2017–2026
Granted
26.4%
All conditions: 19.4%
Granted on the merits
54.7%
Granted ÷ (granted + denied)
Remanded
50.3%
Denied: 21.8%
At a glance
Evidence in granted and denied sleep apnea decisions
For each kind of supporting evidence: how often the Board granted the sleep apnea issue on the merits when the decision mentioned it, compared with decisions that did not. These are associations, not causes, and evidence is recorded per decision, not per issue.
| In the record | Decisions | Granted when present | When absent | Difference |
|---|---|---|---|---|
| Positive nexus opinion | 14,738 | 86.9% | 33.0% | +53.9 pts |
| Private medical opinion | 23,215 | 72.3% | 35.7% | +36.6 pts |
| Claimed as secondary | 31,443 | 68.0% | 42.7% | +25.3 pts |
| Buddy statement | 5,658 | 76.0% | 52.0% | +23.9 pts |
| Favorable VA exam | 5,993 | 72.6% | 51.6% | +21.0 pts |
| Treating physician opinion | 2,914 | 73.5% | 53.4% | +20.1 pts |
| Combat service | 3,332 | 59.7% | 54.4% | +5.4 pts |
| Lay statement | 46,265 | 51.4% | 70.0% | −18.6 pts |
- The Board applied the benefit-of-the-doubt rule (38 CFR 3.102) in 78.2% of the decisions that granted sleep apnea.
- The Board found the veteran's statements credible in 37.7% of grants and 11.5% of denials.
Negative evidence in the record
An unfavorable exam or a negative nexus opinion often sits in the same record as favorable evidence, and the Board weighs them against each other. So these rows show how often sleep apnea was still granted when the record contained the negative item, not that the item helped.
| In the record | Decisions | Granted when present | When absent | Difference |
|---|---|---|---|---|
| Negative nexus opinion | 37,385 | 54.8% | 54.5% | +0.3 pts |
| Unfavorable VA exam | 45,743 | 53.1% | 62.3% | −9.2 pts |
Recent sleep apnea decisions
Granted
Obesity found to be a substantial factor in causing or aggravating OSA; Resolving reasonable doubt in veteran's favor; Favorable portions of private and VA opinions considered probative
Service treatment records show complaints of sleep problems during deployment.; Fellow servicemember's statement corroborates snoring, breathing pauses, and fatigue.; Evidence found to be in approximate balance, with doubt resolved in Veteran's favor.
Private medical opinion linked weight gain to service-connected knee/ankle conditions; Weight gain identified as intermediate step to OSA; Evidence in relative equipoise, doubt resolved in Veteran's favor
Denied
No presumptive service connection (no in-service onset or relation to TERA); Private opinion suggesting link to COPD not considered as COPD claim denied separately; VA examiner found sleep apnea more directly attributable to anatomical factors (narrow oropharynx); VA examiner cited medical literature not establishing causative link between cited toxins and sleep apnea
Sleep apnea rated under DC 6847; Criteria for >50% rating not met; No indication of chronic respiratory failure, cor pulmonale, or tracheostomy
Insufficient evidence of current diagnosis of sleep apnea.; VA sleep study negative for obstructive sleep apnea.; Examiner found no current signs or symptoms attributable to sleep apnea.
Sleep apnea claimed as a secondary condition
Decisions where sleep apnea was claimed as secondary to another service-connected disability (38 CFR 3.310), by that disability.
- Sleep apnea secondary to PTSD11,479 decisions · 31.7% granted
- Sleep apnea secondary to a psychiatric disorder4,474 decisions · 33.1% granted
- Sleep apnea secondary to a back condition1,166 decisions · 38.2% granted
- Sleep apnea secondary to diabetes994 decisions · 23.0% granted
- Sleep apnea secondary to a knee condition983 decisions · 46.2% granted
- Sleep apnea secondary to hypertension692 decisions · 14.6% granted
- Sleep apnea secondary to tinnitus632 decisions · 20.7% granted
Conditions claimed secondary to sleep apnea
Other conditions veterans claimed as caused or aggravated by sleep apnea, with how often the Board granted them.
Sleep apnea outcomes by year
| Year | Issues decided | Granted | Denied | Remanded | Other |
|---|---|---|---|---|---|
| 2017 | 2,161 | 17.3% | 33.2% | 45.3% | 4.2% |
| 2018 | 4,854 | 20.6% | 28.0% | 48.6% | 2.9% |
| 2019 | 6,385 | 21.7% | 25.5% | 51.1% | 1.7% |
| 2020 | 6,183 | 21.0% | 26.0% | 51.6% | 1.4% |
| 2021 | 5,783 | 21.6% | 24.2% | 52.6% | 1.5% |
| 2022 | 5,884 | 22.7% | 19.9% | 55.8% | 1.6% |
| 2023 | 7,049 | 25.6% | 17.2% | 55.6% | 1.6% |
| 2024 | 8,715 | 32.3% | 15.7% | 50.5% | 1.5% |
| 2025 | 9,769 | 33.4% | 19.6% | 45.8% | 1.2% |
| 2026 | 3,601 | 36.4% | 20.9% | 41.2% | 1.6% |
Each row counts issues (each condition the Board decided), so the shares add up to 100%. Other: dismissed, withdrawn or no clear outcome. Years with fewer than 50 issues are left out.
Why the Board granted or denied sleep apnea
Most common reasons in grants
- Current diagnosis established2,554
- Caused by the service-connected disability1,150
- Service connection established1,046
- Aggravated by the service-connected disability422
- VA examiner: less likely than not related to service315
- Service records negative or silent176
- Criteria for service connection met134
- Continuity of symptomatology since service98
Most common reasons in denials
- No in-service complaints, treatment or diagnosis2,414
- VA examiner: less likely than not related to service2,313
- Service records negative or silent1,790
- Preponderance of the evidence against the claim1,245
- No current diagnosis1,028
- Current diagnosis established712
- Aggravated by the service-connected disability216
- Criteria for service connection not met153
Numbers are decisions that gave the reason. Reasons are short phrases extracted by AI from each decision; common wordings of the same reason are grouped. Benefit of the doubt is reported above.
How the Board rates sleep apnea
The Board decided 13,649 sleep apnea rating issues from 2017 to 2026: it granted a higher rating in 23%, denied one in 29% and sent 45% back for a new exam or more records.
By diagnostic code
The codes the Board rated sleep apnea under, most used first. “Granted on the merits” leaves out remands. The last column is the percent the Board assigned most often when it granted a higher rating.
| Code | Issues | Granted on the merits | Remanded | Most common rating |
|---|---|---|---|---|
| 6847Sleep Apnea Syndromes (Obstructive, Central, Mixed) | 842 | 22.4% | 3.0% | 50% (69% of grants) |
| 9411 | 46 | 53.3% | 34.8% | – |
12,562 issues named no diagnostic code, most of them remands.
Ratings the Board assigned
Share of each percent among the 215 grants that stated one.
- 0%0.9%
- 10%1.4%
- 20%1.9%
- 30%20.0%
- 50%66.5%
- 60%2.3%
- 100%7.0%
Why the Board granted a higher rating
- benefit of the doubt / evidence in equipoise1,429
- criteria for the rating met or more nearly approximated203
- resolving doubt in veteran's favor72
- resolved doubt in veteran's favor64
- current diagnosis of sleep apnea49
- current diagnosis of obstructive sleep apnea44
Why the Board denied one
- criteria for a higher rating not met691
- no current diagnosis of sleep apnea140
- no evidence of chronic respiratory failure, cor pulmonale, or tracheostomy124
- preponderance of evidence against service connection85
- criteria for the rating met or more nearly approximated61
- va examiner opined less likely than not related to service60
Evidence in rating grants and denials
How often the Board granted a higher sleep apnea rating on the merits when the decision mentioned each kind of evidence, against decisions that did not. Associations, not causes.
| In the record | Decisions | Granted when present | When absent | Difference |
|---|---|---|---|---|
| Private medical opinion | 5,266 | 61.5% | 28.0% | +33.5 pts |
| Favorable VA exam | 1,913 | 57.9% | 40.3% | +17.5 pts |
| Treating physician opinion | 715 | 56.0% | 42.8% | +13.1 pts |
| Lay statement | 10,927 | 44.1% | 41.4% | +2.7 pts |
| In the record | Decisions | Granted when present | When absent | Difference |
|---|---|---|---|---|
| Unfavorable VA exam | 10,721 | 42.5% | 50.3% | −7.8 pts |
The Board applied the benefit of the doubt (38 CFR 3.102) in 75.2% of the decisions that granted a higher rating.
Recent rating decisions
Higher rating granted
Testimony supports OSA diagnosis; Examiner findings support CPAP use; Resolving doubt in veteran's favor
Private medical opinion found OSA at least as likely as not due to PTSD or weight gain from service-connected ankle issues.; Board found opinion probative, citing Spicer and Walsh decisions.; Veteran's testimony regarding OSA treatment difficulties and post-aortic dissection physical limitations was found credible.; Conflicting VA examiner opinions did not apply the correct legal standard for secondary service connection.; Benefit of the doubt afforded due to approximate balance of evidence.
New and relevant evidence (private medical opinion) warranted readjudication.; Evidence persuasively favors conclusion that condition is at least as likely as not secondary to service-connected left tibia stress fracture with left shin splint.; Resolved all reasonable doubt in favor of the Veteran.
Denied
Sleep apnea rated under DC 6847; Criteria for >50% rating not met; No indication of chronic respiratory failure, cor pulmonale, or tracheostomy
Weight of evidence against service connection; VA examiner found sleep apnea less likely than not related to PTSD; Sleep apnea multifactorial, not directly caused by PTSD
No competent evidence of current diagnosis.; Multiple negative sleep studies.; Evidence persuasively weighs against service connection.
How VA rates sleep apnea
Once service connection is granted, VA assigns a disability rating from the rating schedule, 38 CFR 4.97, diagnostic code 6847 (Sleep Apnea Syndromes (Obstructive, Central, Mixed)). The rating is the same whether the condition is service connected directly or as secondary to another disability.
| Rating | Criteria |
|---|---|
| 100% | Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or; requires tracheostomy |
| 50% | Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine |
| 30% | Persistent day-time hypersomnolence |
| 0% | Asymptomatic but with documented sleep disorder breathing |
Text of 38 CFR 4.97 as of Feb 27, 2026. Confirm the current text at the source before relying on it.
Rules that apply to sleep apnea claims
- 38 CFR 4.97 · DC 6847
Schedule of ratings: respiratory system
Read it in VA Law Explorer - M21-1 IV.i.3.B.1.l
Reviewing a sleep disorders examination
Read it in VA Law Explorer - M21-1 V.ii.2.D
Secondary service connection and aggravation
Read it in VA Law Explorer - 38 CFR 3.303
Principles of service connection
Read it in VA Law Explorer - 38 CFR 3.310
Secondary service connection and aggravation
Read it in VA Law Explorer - 38 CFR 3.102
Reasonable doubt (benefit of the doubt)
Read it in VA Law Explorer
Research your sleep apnea case
Narrow by year, judge, evidence or secondary condition, read the decisions, and export a research memo.
How these numbers are calculated
- Rates count decisions in which the Board decided a sleep apnea issue, by the outcome of that issue. Other issues in the same decision can have different outcomes.
- “Granted on the merits” leaves out remands and dismissals. “All conditions” is the grant share across every condition issue in the data.
- The data comes from CaseScribe's AI extraction of public BVA decisions (2017–2026) and can contain errors. It is updated automatically as new decisions are added.
Where this data comes from
- Claim
- Regional office decides
- Veteran appeals
- Board decides
- Granted · Denied · Remanded: back to the regional office
Board of Veterans' Appeals decisions show how VA's highest review body applies 38 CFR and weighs evidence on contested claims.
Each one is an appeal: a regional office decided the claim first, and the veteran appealed. So these rates describe the Board, not a veteran's odds at the regional office, where most claims are decided and whose decisions are not public.
More on what Board decisions can and cannot tell you