DC 6847 · 38 CFR 4.97
Sleep Apnea C&P Exam Prep
To document the diagnosis, type, severity, and functional impact of the veteran's sleep apnea syndrome for VA disability rating purposes under Diagnostic Code 6847.
- Format:
- Interview + Physical
- Typical duration:
- 30 minutes
- DBQ form:
- Sleep_Apnea (Sleep_Apnea)
- Examiner:
- Physician
What the examiner evaluates
- Confirmation of sleep apnea diagnosis via sleep study
- Type of sleep apnea: obstructive, central, or mixed
- Required use of breathing assistance devices (e.g., CPAP, BiPAP)
- Presence of chronic respiratory failure with carbon dioxide retention
- Presence of cor pulmonale
- Need for tracheostomy
- Persistent daytime hypersomnolence
- Functional impact on occupational and daily activities
- Comorbid conditions related to or secondary to sleep apnea
- Review of sleep study results including AHI (Apnea-Hypopnea Index)
- Current medications required for sleep disorder
Exam will involve a review of your sleep study records and medical history, followed by an interview about your symptoms and functional limitations. Bring all sleep study records, CPAP compliance data, and any related treatment records. The examiner will fill out the Sleep Apnea DBQ. Note that sleep apnea must be diagnosed with a sleep study - self-reported symptoms alone are insufficient for diagnosis.
Measurements and tests
Polysomnography (Sleep Study) / AHI Review
What it measures: Apnea-Hypopnea Index (AHI) - the number of apnea and hypopnea events per hour of sleep. Used to confirm diagnosis and severity.
What to expect: The examiner will review your existing sleep study results. You will not undergo a sleep study at the C&P exam itself. Bring documentation of when and where your sleep study was performed and the results.
Critical thresholds
- AHI 5-14.9 events/hour Mild sleep apnea - may support 0% (asymptomatic with documented disorder) or 30% (persistent daytime hypersomnolence)
- AHI 15-29.9 events/hour Moderate sleep apnea - generally supports CPAP requirement (50%)
- AHI -30 events/hour Severe sleep apnea - supports CPAP requirement (50%) and potentially higher ratings if complications present
Tips
- Bring the actual sleep study report, not just a summary
- If your sleep study was performed at a VA facility, confirm the examiner has access to it
- Note the date, facility name, and AHI score from your sleep study
- If you have had multiple sleep studies, bring all of them
- CPAP titration study results are also relevant
Pain considerations: Sleep apnea is not primarily a pain condition, but morning headaches, chest tightness, and throat discomfort are relevant symptoms to report.
CPAP Compliance Data Review
What it measures: Documents that a breathing assistance device is prescribed and actively used, which is the primary basis for the 50% rating level.
What to expect: The examiner may ask whether you use a CPAP, BiPAP, or other breathing assistance device, how often you use it, and whether it adequately controls your symptoms. Bring your CPAP prescription and any compliance reports from your device.
Critical thresholds
- Prescribed CPAP/BiPAP - actively using Core criterion for 50% rating
- Prescribed but non-compliant May jeopardize 50% rating - document medical reasons for non-compliance if applicable
- Tracheostomy required 100% rating criterion
Tips
- Bring CPAP prescription documentation
- Download compliance data from your CPAP device (most machines track this automatically)
- If your CPAP is not controlling symptoms, describe residual symptoms in detail
- If you cannot tolerate CPAP and have a medical reason, document this clearly
- BiPAP, APAP, and ASV devices also qualify as breathing assistance devices
Pain considerations: If CPAP mask causes skin irritation, pressure sores, or discomfort that limits compliance, describe this to the examiner.
Pulmonary Function Testing (PFT)
What it measures: Lung function and capacity. May be required if there is a comorbid service-connected respiratory condition such as asthma or COPD.
What to expect: PFTs are not routinely performed at sleep apnea C&P exams unless a comorbid lung condition is also being evaluated. The examiner may order PFTs if clinically indicated.
Critical thresholds
- FEV1/FVC ratio <0.70 Indicates obstructive pattern - relevant if COPD or asthma is also claimed
- Reduced FVC or TLC May indicate restrictive pattern relevant to chronic respiratory failure assessment
Tips
- Inform the examiner of any other respiratory conditions you have
- If you have service-connected asthma or COPD, confirm PFTs have been completed
- Breathe maximally during testing for accurate results
Pain considerations: Report any chest pain or discomfort during breathing effort to the examiner.
Arterial Blood Gas (ABG) or CO2 Retention Assessment
What it measures: Carbon dioxide (CO2) levels in the blood. Elevated CO2 (hypercapnia) indicates chronic respiratory failure, which is a criterion for the 100% rating.
What to expect: The examiner will review any existing ABG results or CO2 retention documentation in your medical records. This is most relevant if you have severe sleep apnea with complications.
Critical thresholds
- PaCO2 >45 mmHg Indicates CO2 retention - supports chronic respiratory failure criterion for 100% rating
- PaO2 <60 mmHg on room air Indicates significant hypoxemia - relevant to severity assessment
Tips
- If you have had ABG testing, bring those results
- Supplemental oxygen use may indicate severe disease
- Mention any hospitalizations for respiratory failure
Pain considerations: ABG testing involves a needle stick; inform the examiner if you have bleeding disorders.
Rating criteria by percentage
100%
Chronic respiratory failure with carbon dioxide retention OR cor pulmonale, OR requires tracheostomy. Review for entitlement to Special Monthly Compensation (SMC) under 38 CFR 3.350.
Key symptoms
- Documented CO2 retention (hypercapnia) on ABG
- Cor pulmonale (right-sided heart failure secondary to lung disease)
- Tracheostomy in place
- Frequent hospitalizations for respiratory failure
- Severe oxygen desaturation during sleep
- Supplemental oxygen requirement
From 38 CFR: Chronic respiratory failure with carbon dioxide retention or cor pulmonale, or; requires tracheostomy - 38 CFR 4.97, DC 6847
50%
Requires use of a breathing assistance device such as a continuous airway pressure (CPAP) machine. This is the most commonly assigned rating for sleep apnea.
Key symptoms
- Prescribed CPAP, BiPAP, APAP, or ASV device
- Active use of breathing assistance device
- Documented prescription from treating provider
- Residual symptoms even with CPAP use
- Daytime fatigue affecting function
- Morning headaches
- Frequent nighttime awakenings
From 38 CFR: Requires use of breathing assistance device such as continuous airway pressure (CPAP) machine - 38 CFR 4.97, DC 6847
30%
Persistent daytime hypersomnolence - excessive daytime sleepiness despite adequate nighttime sleep opportunity, not controlled by treatment.
Key symptoms
- Excessive daytime sleepiness
- Falling asleep unintentionally during daytime
- Difficulty staying awake during sedentary activities
- Epworth Sleepiness Scale score -10
- Daytime cognitive impairment
- Fatigue interfering with daily activities
- Sleep attacks
From 38 CFR: Persistent day-time hypersomnolence - 38 CFR 4.97, DC 6847
0%
Asymptomatic but with documented sleep disorder breathing. Diagnosis confirmed by sleep study but no symptoms meeting higher rating criteria.
Key symptoms
- Diagnosed via sleep study
- No daytime hypersomnolence
- No CPAP requirement
- No respiratory failure
- Snoring without daytime impairment
From 38 CFR: Asymptomatic but with documented sleep disorder breathing - 38 CFR 4.97, DC 6847
Describing your symptoms accurately
Daytime Hypersomnolence and Fatigue
How to describe it: Describe the frequency, severity, and impact of daytime sleepiness. Use specific examples: 'I fall asleep while watching television, during meetings, or while reading. On my worst days, I cannot complete a full workday without involuntary sleep episodes. I have fallen asleep at the wheel on at least [X] occasions.'
Example: On my worst days, I wake up feeling completely unrefreshed after a full night's sleep, struggle to keep my eyes open by mid-morning, and have fallen asleep unintentionally during work meetings. The fatigue is so severe I have had to pull over while driving because I could not stay awake. By early afternoon I am unable to perform cognitive tasks requiring sustained attention.
Examiner listens for: Specific instances of unintentional sleep, impact on driving safety, effect on work performance, frequency of daytime napping, Epworth Sleepiness Scale indicators, cognitive effects of sleep deprivation.
Avoid: Saying 'I'm just tired sometimes' or 'I manage okay.' Do not minimize daytime sleepiness. Do not say your CPAP 'fixes everything' if you still have residual symptoms.
CPAP Use and Tolerability
How to describe it: Describe your CPAP prescription, how often you use it, and whether it fully controls your symptoms. If you have compliance issues, explain why (mask discomfort, aerophagia, claustrophobia, travel). Emphasize that you still require the device and cannot sleep normally without it.
Example: Without my CPAP, I wake up gasping for air multiple times per night, wake with severe headaches, and am completely non-functional the following day. Even with CPAP, I still experience [residual symptoms]. I am dependent on this machine and cannot travel without it or sleep anywhere I cannot plug it in.
Examiner listens for: Active prescription and use of breathing assistance device, whether device is medically required, residual symptoms despite device use, compliance data, type of device (CPAP/BiPAP/APAP).
Avoid: Do not say 'the CPAP cures it' or 'I'm fine with the machine.' Your condition requires a medical device to manage - that is the rating criterion. Emphasize the requirement, not just the relief.
Nighttime Symptoms
How to describe it: Describe what happens during sleep: witnessed apneas by bed partner, gasping or choking awakenings, nocturia, night sweats, restless sleep, loud snoring, morning headaches, dry mouth. Provide frequency and severity.
Example: My bed partner reports I stop breathing dozens of times per night, sometimes for over a minute. I wake choking and gasping, sometimes sitting bolt upright. I wake 3-4 times per night to urinate due to the arousals. I have severe morning headaches almost every day and wake with a throat so dry and sore it is painful to swallow.
Examiner listens for: Frequency of apnea events, oxygen desaturation episodes, nocturnal arousals, secondary symptoms of untreated or undertreated sleep apnea.
Avoid: Do not omit nighttime symptoms because you are unsure if they are relevant. All sleep-related symptoms should be reported.
Functional and Occupational Impact
How to describe it: Describe how sleep apnea affects your ability to work, drive, maintain relationships, and perform daily activities. The DBQ specifically asks for functional impact with examples. Be concrete: 'I have received written warnings at work for falling asleep,' 'I can no longer drive long distances,' 'I cannot work night shifts.'
Example: My sleep apnea has forced me to resign from a position that required operating heavy machinery because I could not guarantee I would stay awake. I have been disciplined at work for falling asleep at my desk. My relationship has suffered because I cannot share a bedroom with my spouse due to the severity of my snoring and CPAP noise. I am unable to perform simple household tasks requiring sustained concentration.
Examiner listens for: Specific examples of occupational impact, driving safety concerns, social and relationship effects, cognitive impairment from sleep deprivation, activities the veteran can no longer perform.
Avoid: Do not give vague answers like 'it affects my quality of life.' Give specific, concrete examples with dates and consequences where possible.
Comorbid Complications
How to describe it: If you have hypertension, cardiac arrhythmias, cognitive impairment, depression, or anxiety that your provider has linked to sleep apnea, report these. Also report if you have been told you have oxygen desaturation during sleep, pulmonary hypertension, or right heart strain.
Example: My cardiologist has documented that my atrial fibrillation is directly related to my untreated/undertreated sleep apnea. My blood pressure requires medication that my doctor attributes in part to the cardiovascular strain of nightly oxygen desaturation. I have been told my oxygen levels drop to [X]% during sleep.
Examiner listens for: Secondary conditions that elevate the severity rating (cor pulmonale, CO2 retention), comorbidities that worsen the overall picture, specialist records confirming complications.
Avoid: Do not fail to mention cardiac, pulmonary, or cognitive complications. These may affect whether you qualify for a higher rating or secondary service connection.
Common mistakes to avoid
Saying the CPAP 'fixed' or 'cured' the sleep apnea
Why: The 50% rating is based on requiring a breathing assistance device - the requirement itself is the rating criterion. Saying you are 'fine now' may lead the examiner to note the condition as well-controlled, potentially undermining secondary condition claims or future rating increases.
Do this instead: Explain that you require the CPAP to manage the condition, that you cannot function without it, and describe any residual symptoms that persist despite CPAP use.
Impact: 50%
Failing to bring sleep study documentation
Why: Sleep apnea MUST be diagnosed with a sleep study per M21-1 adjudication requirements. Without documented sleep study results, the examiner cannot confirm the diagnosis.
Do this instead: Bring the full sleep study report including AHI score, date, and facility name. If VA performed the study, confirm the examiner has access to those records in advance.
Impact: All levels
Not reporting daytime hypersomnolence because you think CPAP controls it
Why: If you still experience persistent daytime sleepiness despite CPAP, you may qualify for the 30% level in addition to the 50% CPAP requirement. Under DC 6847, the ratings are based on symptom severity, not just device use.
Do this instead: Separately describe any persistent daytime hypersomnolence even if you use CPAP. Report Epworth Sleepiness Scale scores if available.
Impact: 30% and 50%
Minimizing symptoms because they vary day to day
Why: Per M21-1 guidance, examiners should consider the veteran's worst-day presentation. Describing only average days may result in an underestimate of actual disability.
Do this instead: Describe your worst days in detail. Explain the variability and what triggers your worst episodes (stress, travel without CPAP, equipment malfunction, illness).
Impact: 30% and 50%
Failing to report complications such as morning headaches, cor pulmonale, or CO2 retention
Why: Complications elevate the rating to 100%. If you have been told you have right heart enlargement, pulmonary hypertension, or high CO2 on blood tests, these are critical rating criteria that must be reported.
Do this instead: Report all cardiologist and pulmonologist findings. Bring echocardiogram results, ABG results, or pulmonary function test results showing these complications.
Impact: 100%
Not mentioning CPAP brand, model, or prescription documents
Why: The examiner needs to confirm the device is medically prescribed. An undocumented claim that you 'use a CPAP' without prescription evidence may be insufficient.
Do this instead: Bring your CPAP prescription, the device model and serial number, and compliance data downloaded from the device (ResMed, Philips, and Fisher & Paykel devices all generate reports).
Impact: 50%
Failing to report the impact on driving and occupational safety
Why: The DBQ asks specifically for functional impact with examples. Driving while drowsy and occupational impairment are the most compelling functional impact examples for sleep apnea and should be reported explicitly.
Do this instead: Describe any near-accidents, actual accidents, avoidance of driving, job performance issues, or safety concerns related to daytime hypersomnolence.
Impact: 30% and 50%
Not disclosing secondary conditions that may be service-connected through sleep apnea
Why: Sleep apnea can cause or aggravate hypertension, GERD, atrial fibrillation, depression, anxiety, cognitive impairment, and erectile dysfunction. These may be separately ratable as secondary conditions.
Do this instead: Inform the examiner of all conditions your treating providers have linked to sleep apnea. Ask your treating physician to document the nexus in writing.
Impact: Secondary service connection - all levels
Prep checklist
- critical
Gather all sleep study documentation
Locate your polysomnography or home sleep test report. Note the date, facility name, AHI score, oxygen nadir, and diagnostic findings. Bring the full report, not just a referral or summary. If VA performed your sleep study, confirm the C&P examiner will have access to the records.
before exam
- critical
Obtain CPAP prescription and compliance data
Ask your sleep medicine provider or primary care physician for a copy of your CPAP prescription. Download or print a 30-90 day compliance report from your CPAP device (ResMed MyAir, Philips DreamMapper, or similar). This documents that a breathing assistance device is both prescribed and actively used.
before exam
- critical
Write out your symptom history with specific examples
Document: (1) when symptoms began, (2) how sleep apnea affects your daily life with specific examples, (3) worst-day descriptions for daytime sleepiness, fatigue, cognitive impairment, and nighttime symptoms, (4) impact on work, driving, and relationships. Use the STAR format: Situation, Task, Action, Result.
before exam
- recommended
Request buddy statements from bed partner or family members
A lay witness statement from a bed partner describing witnessed apneas, gasping, choking, snoring, and restless sleep is powerful corroborating evidence. Have them write a signed, dated statement describing what they observe.
before exam
- critical
Compile all related medical records
Gather records from sleep specialists, pulmonologists, cardiologists, and primary care providers related to your sleep apnea. Include records documenting CO2 retention, cor pulmonale, pulmonary hypertension, or other complications if present.
before exam
- recommended
Review your service treatment records for sleep complaints
Identify any in-service documentation of snoring, sleep disturbances, fatigue, daytime sleepiness, or respiratory complaints. These establish the nexus between service and the current diagnosis.
before exam
- recommended
Document comorbid and secondary conditions
List all conditions your treating providers have linked to sleep apnea: hypertension, atrial fibrillation, GERD, depression, anxiety, cognitive impairment, erectile dysfunction. Note which providers documented the connection.
before exam
- recommended
Prepare a written summary of your worst-day symptoms
Using M21-1 worst-day guidance, write a 1-2 paragraph description of what your worst days look like. Include specific dates, events, and consequences when possible. Bring this to the exam to read from if needed.
before exam
- critical
Bring all documentation in a labeled folder
Organize: (1) Sleep study report, (2) CPAP prescription, (3) CPAP compliance data, (4) relevant medical records, (5) your written symptom summary, (6) buddy statements. Use a tabbed folder for easy reference during the exam.
day of
- optional
Do not use CPAP the night before if medically safe to do so
Some veterans choose not to use their CPAP the night before the exam so symptoms are more apparent during the appointment. Consult your treating physician before doing this, especially if you have cardiac conditions. Do not do this if it poses a health risk.
day of
- recommended
Arrive rested enough to clearly communicate your symptoms
While you want to demonstrate your symptoms, you also need to be coherent enough to describe them accurately. Strike a balance - describe your worst days verbally rather than physically incapacitating yourself.
day of
- optional
Bring your CPAP machine or a photo of it
Some examiners ask to see the device. At minimum, have the model number and prescription available. This confirms active use of a breathing assistance device.
day of
- critical
State your worst-day symptoms, not your average or best days
When the examiner asks how you are doing or how the condition affects you, describe your worst days. Say: 'On my worst days...' and provide specific examples. Do not minimize symptoms to appear strong or stoic.
during exam
- critical
Explicitly confirm you require a breathing assistance device
Clearly state: 'I have been prescribed a CPAP/BiPAP machine and I require it to breathe properly during sleep. I cannot function normally without it.' This directly addresses the 50% rating criterion.
during exam
- recommended
Report all symptoms even if you think they are minor
Report morning headaches, dry mouth, nocturia, mood changes, cognitive difficulties, irritability, depression, and any other symptoms. The examiner needs a complete picture.
during exam
- critical
Describe functional impact with specific examples
The DBQ asks for functional impact with examples. Be ready with 2-3 specific examples: 'I was nearly in a car accident because I fell asleep at a red light,' 'My employer documented that I fell asleep at my workstation,' 'I cannot care for my children alone because I fall asleep unexpectedly.'
during exam
- critical
If asked about complications, report all of them
If you have been told you have CO2 retention, right heart strain, pulmonary hypertension, or cor pulmonale, state this clearly. These are the criteria for the 100% rating.
during exam
- critical
Do not agree with leading questions that minimize your condition
If the examiner says 'So you're doing pretty well with the CPAP?' respond with: 'The CPAP helps manage the condition but I still require the device and continue to experience [specific residual symptoms].'
during exam
- critical
Request a copy of the DBQ immediately
You have the right to request a copy of the completed DBQ. Ask the examiner or the VA facility for a copy before leaving or shortly after. Review it for accuracy and completeness.
after exam
- recommended
Document what was and was not discussed
Immediately after the exam, write down: what questions were asked, what you said, what the examiner did and did not examine, and approximately how long the exam lasted. This is important if you need to challenge an inadequate exam.
after exam
- recommended
Review the exam report via MyHealtheVet or eBenefits
Access your VA records to retrieve the completed DBQ report. Review it carefully for accuracy. If it contains errors or omissions, document them and contact your VSO or accredited attorney/claims agent.
after exam
- recommended
File a buddy statement or lay evidence if missed during exam
If important information was not covered during the exam, you can submit supplemental buddy statements, additional medical records, or a personal statement as part of your claims file.
after exam
Your rights during a C&P exam
- You have the right to request a copy of the completed DBQ after your examination.
- You have the right to record your C&P examination in most states - check your state's recording consent laws and notify the examiner before recording.
- You have the right to request a new examination if the exam was inadequate, incomplete, or if the examiner was not qualified to assess your condition.
- You have the right to submit additional evidence, including buddy statements, private medical opinions, and treatment records, after your C&P exam.
- You have the right to a thorough and contemporaneous examination - the examiner must personally interview you and review your relevant medical records.
- You have the right to a medical opinion on the nexus between your service and your condition if a nexus examination is warranted.
- You have the right to challenge a negative or inadequate exam by requesting a new exam, submitting a private nexus opinion, or filing a Notice of Disagreement.
- You have the right to bring a representative (VSO, accredited attorney, or claims agent) to assist you with the claims process - though representatives do not typically attend C&P exams.
- You have the right to know the reason for any examination request and what the VA is trying to determine.
- Sleep apnea must be diagnosed with a sleep study - if the examiner attempts to diagnose or deny sleep apnea without reviewing a sleep study, this is grounds to challenge the exam.
- If the DBQ is completed without an in-person examination (telehealth or records review), you have the right to request clarification on how the examination was conducted.
- You may be entitled to Special Monthly Compensation (SMC) if your sleep apnea meets the 100% criteria - ask your VSO to evaluate SMC eligibility under 38 CFR 3.350.
Related conditions
- Hypertension (High Blood Pressure) Sleep apnea is a well-documented cause and aggravator of hypertension. Veterans with service-connected sleep apnea may be able to establish secondary service connection for hypertension caused or worsened by sleep apnea.
- Atrial Fibrillation Obstructive sleep apnea is a major risk factor for atrial fibrillation. If you have AFib and service-connected sleep apnea, your cardiologist may be able to provide a nexus opinion for secondary service connection.
- Gastroesophageal Reflux Disease (GERD) Sleep apnea and GERD frequently co-occur and can aggravate each other. GERD may be claimed as secondary to sleep apnea or as a comorbid service-connected condition.
- Major Depressive Disorder / Depression Chronic sleep deprivation from sleep apnea can cause or significantly aggravate depression and anxiety. Veterans may be able to establish secondary service connection for mental health conditions secondary to sleep apnea.
- Obstructive Sleep Apnea (Secondary to Rhinitis/Sinusitis) Nasal congestion from service-connected rhinitis or sinusitis can cause or worsen obstructive sleep apnea by obstructing the upper airway. A secondary nexus opinion may be appropriate.
- Chronic Fatigue / Fatigue Secondary to Service-Connected Condition Persistent fatigue from sleep apnea may support a secondary service connection claim or may be rated under the primary sleep apnea rating if it manifests as persistent daytime hypersomnolence.
- Erectile Dysfunction Sleep apnea causes hormonal disruption and cardiovascular effects that can cause or worsen erectile dysfunction. May be ratable as secondary to service-connected sleep apnea.
- Cor Pulmonale / Right Heart Failure Severe, long-standing sleep apnea can cause cor pulmonale (right-sided heart failure). If documented, this elevates the sleep apnea rating to 100% under DC 6847 and may warrant evaluation for SMC.
- Cognitive Impairment / Memory Problems Chronic sleep deprivation from sleep apnea causes measurable cognitive impairment including memory problems, concentration difficulties, and executive function deficits. This may support claims for secondary conditions or TBI-related claims.
Get a personalized prep packet
This guide covers what to expect for any veteran with this condition. If you have already uploaded your medical records, sign in to generate a packet that maps your specific symptoms to the DBQ fields your examiner will fill out.
This C&P exam preparation guide is for educational purposes only and does not constitute legal, medical, or claims advice. Always consult with a qualified Veterans Service Organization (VSO) representative or VA-accredited attorney for guidance specific to your claim. Never exaggerate, minimize, or fabricate symptoms during a C&P examination.