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The VA has announced proposed changes to how it rates service-connected sleep apnea for disability compensation. Currently, a 50% rating is common for Veterans prescribed a CPAP machine. Under the new rules, ratings would be based on the effectiveness of treatment as measured by sleep studies.
Asymptomatic sleep apnea would receive 0%, while 10% would apply if treatment provides incomplete relief. 50% and 100% ratings would require treatment to be ineffective or impossible due to other conditions. However, basing ratings solely on sleep studies fails to account for daytime symptoms like fatigue and cognitive issues that impact Veterans' ability to work.
Veterans with sleep apnea should file service connection claims immediately to be rated under the current, more favorable criteria. The public can also submit comments on the proposed rule change until April 18. If you need help with a sleep apnea claim or appeal, contact an experienced Veterans disability attorney.
Disclaimer: This material is for informational purposes only. It does not create an attorney-client relationship between the firm and the viewer and does not constitute legal advice. Legal advice must be tailored to the specific circumstances of each case, and the content of this video is not a substitute for legal counsel.
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