Public rules

Sleep apnea — public rules, in plain words

See the exact words VA's sleep apnea rule uses, so you can check whether your records speak to them.

This page shows VA’s public rules for sleep apnea under diagnostic code 6847 (38 CFR 4.97). It uses plain words, then the exact words from the rule book. It is education and organizing only. It is not your rating. We do not say you have sleep apnea. You review the words and you submit. We do not file.

Last reviewed 2026-10-16.

The four lines below match 38 CFR 4.97, diagnostic code 6847, on eCFR. Current text checked October 16, 2026. Not medical advice.

What we help you do

We help you review your documents against the published rating criteria. Rating criteria are the public rules VA published. This is education and organizing. It is not a promise of a rating. We do not decide the claim.

Official sources

Why the papers have to say it

A VA exam is a short visit. Write how often something happens, how long it lasts, and how it stops normal life, only if that is true. If those facts are not in the papers you send, the exam may not have them. We do not write them for you.

Published levels (38 CFR 4.97, DC 6847)

CFR means the Code of Federal Regulations. DC means diagnostic code. Those are public rule numbers.

Published: Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or; requires tracheostomy — 100% in the rule book.

The 100 percent line names three things: chronic respiratory failure with carbon dioxide retention (too much carbon dioxide stays in the blood), cor pulmonale (strain on the right side of the heart from lung disease), or a tracheostomy (a surgical opening in the windpipe). The line uses “or.” This page does not say you meet it.

Published: Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine — 50% in the rule book.

The 50 percent line is about a required breathing assistance device. The example in the rule is a continuous airway pressure (CPAP) machine. The rule says “requires use.” A machine sitting in a closet is not what the line says. This page does not say a device is required for you.

Published: Persistent day-time hypersomnolence — 30% in the rule book.

Hypersomnolence means sleeping too much, or being too sleepy, during the day. The line says it is persistent. This page does not say your sleepiness meets that word.

Published: Asymptomatic but with documented sleep disorder breathing — 0% in the rule book.

Asymptomatic means no symptoms. The line still needs a documented sleep breathing disorder. A 0 is a published level. It is not a decision about you and not a promise of pay.

38 CFR 4.97, Schedule of ratings—respiratory system

What the rule is about — only what you actually have

A sleep study or treatment note you already have that names a sleep breathing disorder. We do not go get it, and we do not read a result you did not provide.
Records that say whether a breathing device is required, only if those records exist.
Notes about daytime sleepiness, only for days that are already written down. We do not invent a symptom.
A statement in your own words. We do not write it.

Other conditions

This page covers diagnostic code 6847 only. Other respiratory codes use their own rules. This page does not add another condition, and it is not advice to claim one.

Questions if a statement leaves these out

Questions only. They do not make up a fact. They do not write the statement.

Do you already have a sleep study or a note that documents a sleep breathing disorder? List only records that exist.
Do your records say a breathing device, such as CPAP, is required? Only if that is what the papers say.
Do your records describe persistent daytime sleepiness? Only if that is written down. If you do not know, say you do not know.
Do your records mention respiratory failure, carbon dioxide retention, cor pulmonale, or a tracheostomy? Only if those words are already in the papers.

Check your own statement against this rule

The statement review lines your own words up with the published words on this page and shows which of those words your statement speaks to and which are not mentioned yet. It asks questions. It does not add a symptom, a test result, or a date.

Common questions

What are the published levels for sleep apnea?

38 CFR 4.97, diagnostic code 6847, lists 100, 50, 30, and 0 percent. The 100 percent line names respiratory failure with carbon dioxide retention, cor pulmonale, or a tracheostomy. The 50 percent line is a required breathing assistance device such as CPAP. The 30 percent line is persistent daytime hypersomnolence. The 0 percent line is asymptomatic with a documented sleep breathing disorder.

Does this page say a CPAP machine means a rating?

No. The published 50 percent line says a breathing assistance device is required. This page does not say a device is required for you, and it does not assign the percent.

Is this page medical advice?

No. This page shows VA's published rule in plain words. It is education and organizing only. It is not medical advice, not a diagnosis, and not a rating. You review the words. You, or a free accredited representative, submit to VA.

Forms you can open

There is no sleep-apnea-only form on VA’s additional-forms page. The disability application is VA Form 21-526EZ. You fill it out and send it. We do not send it.

Application for disability benefits

VA Form 21-526EZ. Application for Disability Compensation and Related Compensation Benefits.

There is no separate form for this condition. This is the disability application. You fill it out and send it to VA. We do not send it.

You fill this out and send it to VA. We do not fill it in with your records. We do not send it. We do not make a packet that is ready to file.

Signed in? The forms list only helps you keep track. It does not fill a form. It does not send it.