Article
What Sleep Apnea Gets Claimed Secondary To
Step 3 of the method is secondary conditions. A secondary condition is one that grew out of a condition the VA already rates.
Sleep apnea is unusual on this site. Veterans rarely ask what grows out of it. They ask what it grew out of, because the rating turns on one line in the schedule and that line is worth reaching.
Already rated for something on this page? Add it to the free Claim Map to see what the Board has seen claimed with it.
Why the rating matters
Sleep apnea has four steps, and the jump between two of them is the reason this claim gets filed.
- Documented sleep disorder breathing with no symptoms is 0.
- Persistent day-time sleepiness is 30.
- Needing a breathing assistance device, such as a CPAP machine, is 50.
- Chronic respiratory failure with carbon dioxide retention, cor pulmonale, or a tracheostomy is 100.
Those are percentages. A veteran on a CPAP machine sits at the 50 step. The VA combines ratings rather than adding them, and a 50 moves a combined rating more than most single conditions do.
Every step above the bottom one rests on a diagnosis, and the bottom step already asks for documented sleep disorder breathing. In practice that means a sleep study in your records. Without one there is nothing for the schedule to rate.
What a secondary claim needs
Here's the rule on secondary conditions, starting in the middle of its first sentence.
… disability which is proximately due to or the result of a service-connected disease or injury shall be service connected.
Proximately due to means the first condition led to the second. Three things have to be in your file. A diagnosis of the sleep apnea. A first condition that is already service connected. And a medical opinion tying the one to the other that says why.
A claim here needs a doctor to find that the first condition led to or worsened the sleep apnea. It isn't a finding of ours. Whether it's true for you is a question for your doctor.
The rule holds a second route, aggravation, for sleep apnea you already had that the first condition made worse. That route needs a baseline, meaning medical evidence of how bad the sleep apnea was before the first condition started making it worse.
What the Board has seen it claimed with
Ten conditions carry enough decided claims to read. Each links to its own page of counts.
- PTSD: 4,908 issues, 48 percent granted of the ones decided.
- Depression, anxiety and other mental health conditions: 2,078 issues, 53 percent.
- Diabetes: 806 issues, 31 percent.
- Sinusitis: 568 issues, 50 percent.
- High blood pressure: 521 issues, 34 percent.
- Rhinitis and allergies: 474 issues, 53 percent.
- Asthma: 457 issues, 46 percent.
- A lower back condition: 430 issues, 48 percent.
- Heart disease: 304 issues, 29 percent.
- A knee condition: 262 issues, 60 percent.
Tap a line to read what that pairing has to show.
Two things those counts are not. Every decision counted here is an appeal, so the regional office decided the claim first and the veteran disagreed. These are not the odds on a first claim. And past decisions don't predict yours. A Board decision binds only the case it decided.
The routes are not one thing. A breathing route, where a blocked or inflamed airway is the argument, covers sinusitis, rhinitis and asthma. A weight and medication route runs through the mental health conditions. A body route, where pain and how you sleep are the argument, covers the back and the knee. Which one fits you is a medical question, not a counting one.
The Claim Map shows these conditions with their diagnostic codes and rating steps.
The written playbook gives up to eight of your main conditions a chapter each. A chapter has the rating ladder and what the Board granted and denied in cases like yours. See what the playbook covers.
The claim the Board sees most
Sleep apnea claimed as secondary to PTSD is the largest pairing on this site. It has its own article, sleep apnea claimed as secondary to PTSD, with the rating ladder and what the Board looked at.
What our counts show
Sleep apnea has its own page of Board counts, sleep apnea. Since 2019 veterans raised 36,121 issues about it, and the Board granted 50 percent of the ones it decided.
On that page, 92 percent of granted issues and 91 percent of denied ones sit in decisions that mention a medical opinion. A mention is not a reason for the outcome. It shows how often this question turns on what a doctor wrote, which is the part of the file you control.
What to do
- Send VA an intent to file first. If your complete claim reaches VA within a year of it, VA counts the claim as filed on the day the intent to file arrived. It doesn't have to name a condition, so you don't need the diagnosis or the opinion to send it. It doesn't work for a supplemental claim, where you add evidence and ask VA to decide again.
- Get the sleep study in writing. Ask for the report itself, not the summary line in a visit note.
- Check which of your conditions is already service connected, and name that one in the claim as the condition the sleep apnea is secondary to.
- Ask your doctor for the reasoning, not only the conclusion. How it happened in you, and what in your records shows it. The phrase to ask for is at least as likely as not. Step 1 covers that letter.
- If you use a CPAP machine, put that in the claim, along with when it was prescribed and who prescribed it.
- File the claim with all of it attached, within a year of your intent to file.
The nine steps lays out the rest. I'm not your representative.
See what the Board has seen claimed with your conditions
The Claim Map is free. Add the conditions you're rated for. It shows the conditions the Board has seen claimed with them, and the rating steps for each. You file your own claim.
Sources
- The rule on secondary conditions and aggravation, 38 CFR 3.310(a) and (b).
- The four rating steps for sleep apnea, including the breathing device step, 38 CFR 4.97, diagnostic code 6847.
- How the VA combines ratings instead of adding them, 38 CFR 4.25.
- Board decisions are not precedent, 38 CFR 20.1303.
This article is education, not legal advice. Rules quoted are from 38 CFR Parts 3 and 4, as published on the government's eCFR website. Board decisions are public records, linked at their source.
Keep reading
The VA Disability Hack in Nine Steps
The whole method for a VA disability claim, from gathering records to reading Board decisions, on one page.
Sleep Apnea Claimed as Secondary to PTSD
What 38 CFR 3.310 asks for when sleep apnea is claimed as secondary to PTSD, how diagnostic code 6847 is rated, and what our Board counts show.
How the VA Does the Math on Your Combined Rating
Why 50 and 30 is 70 and not 80, how the bilateral factor works for both arms or both legs, and when a new rating leaves the number where it was.