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.
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%
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.
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 Other: dismissed, withdrawn or no clear outcome.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.
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 |
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.
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.
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.
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.