What is the Sleep Apnea VA claim approval rate at the Board?

Across 61,832 sleep apnea issues decided by the Board of Veterans' Appeals in 2009–2025, 24.9% were granted, 23.0% denied and 45.0% remanded. Of the issues the Board decided on the merits, 52.0% were granted. Source: VetAid analysis of 1,340,998 published BVA decisions.

Why are sleep apnea claims denied?

In a hand-tagged sample of 108 Board decisions involving sleep apnea, the leading reason was VA failed its duty to assist, appearing in 44.4% of them - not veteran credibility, which appears far less often.

Can tinnitus be rated higher than 10% in 2026?

The maximum schedular rating remains 10%. However, you can pursue extraschedular ratings under 38 CFR § 3.321(b)(1) for exceptional cases, or focus on secondary conditions which have no rating caps.

What's the most valuable secondary condition for tinnitus?

Depression and anxiety disorders offer the highest potential ratings (up to 100%) and are commonly caused by chronic tinnitus. Sleep disorders are also valuable, with ratings up to 50%.

Do I need an audiogram to prove tinnitus?

No. Tinnitus is considered a lay-competent condition under Charles v. Principi. Your testimony about the ringing is sufficient evidence. However, audiograms can help establish noise-induced hearing damage that supports your tinnitus claim.

Why do so many tinnitus claims get denied?

Based on our analysis of 148 cases, 42.8% are denied because service connection was not established, and 14.5% on credibility findings. Most denials stem from inadequate documentation of military noise exposure.

Can bilateral tinnitus get a higher rating than unilateral?

No. The VA rates tinnitus at 10% regardless of whether it affects one or both ears. This is why secondary conditions become critical for fair compensation reflecting the true impact of your tinnitus.

Sleep Apnea VA Claim Approval Rate: What the Board Actually Decided (2009–2025)

Across 61,832 sleep apnea issues the Board of Veterans’ Appeals decided in 2009–2025, 24.9% were granted, 23.0% denied and 45.0% remanded. From 1,340,998 published BVA decisions, updated nightly.

61,832

Sleep Apnea issues the Board decided, 2009–2025

Most guidance on sleep apnea claims explains what the regulation says. This page reports what the Board did — every sleep apnea issue in the 1,340,998 Board of Veterans’ Appeals decisions VetAid has parsed from the published record, counted at the issue level the way the Board itself reports.

What would this rating pay you? (2026 rates)

Official 2026 VA monthly compensation, including the 2.8% COLA increase.

Rating Married Children

per month · per year, tax-free

Dependent add-ons start at a 30% rating. Child-only and dependent-parent rates: see the full 2026 pay chart.

2026 base rates, all ratings (veteran alone)

Rating	Monthly (2026, incl. 2.8% COLA)
10%	$180.42
20%	$356.66
30%	$552.47
40%	$795.84
50%	$1,132.90
60%	$1,435.02
70%	$1,808.45
80%	$2,102.15
90%	$2,362.30
100%	$3,938.58

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Outcomes, 2009–2025

Disposition	Issues	Share
Granted	15,416	24.9%
Denied	14,210	23.0%
Remanded — sent back rather than decided	27,823	45.0%
Dismissed	3,807	6.2%
Withdrawn, vacated, moot, referred	576	0.9%

Of the issues the Board decided on the merits — granted or denied, leaving remands aside — 52.0% were granted.

By year

Only years the crawl has fully exhausted are shown; the current year and any year still downloading are left out so a partial year cannot pose as a trend.

Year	Issues	Granted	Denied	Remanded
2009	276	21.0%	70.7%	1.8%
2010	289	37.4%	57.8%	2.1%
2011	366	38.5%	53.0%	1.4%
2012	378	38.4%	51.1%	3.2%
2013	442	34.4%	53.6%	2.7%
2014	730	44.4%	47.4%	2.5%
2015	795	42.1%	46.2%	3.0%
2016	801	39.6%	47.7%	4.0%
2017	1,128	36.9%	55.2%	2.5%
2018	2,389	32.4%	27.9%	35.0%
2019	6,935	22.5%	23.4%	50.1%
2020	6,504	20.2%	24.3%	50.4%
2021	6,092	20.9%	21.6%	51.2%
2022	6,399	21.5%	17.7%	54.0%
2023	7,797	23.1%	16.1%	53.2%
2024	9,500	26.2%	16.7%	47.9%
2025	11,011	25.7%	21.3%	43.7%

Why these claims actually fail

The full corpus records what the Board decided, not why. For the why, VetAid hand-tagged a smaller sample: 108 Board decisions involving sleep apnea. A decision may carry more than one reason, so shares can exceed 100%.

Reason stated in the decision	Decisions	Share of 108
VA failed its duty to assist	48	44.4%
no medical nexus	35	32.4%
evidence not new and material	17	15.7%
credibility findings	2	1.9%
lay evidence held not competent	2	1.9%

Note what leads: VA failed its duty to assist, in 44.4% of the tagged decisions. Most published advice tells veterans to shore up their own credibility. In this record credibility findings sit near the bottom — the far more common failure is procedural, and it is VA’ burden, not the veteran’.

Authorities the Board relied on (tagged sample)

Shedden v. Principi — cited in 41 decisions
Rodriguez v. Peake — cited in 32 decisions
Lynch v. Mc — cited in 29 decisions
Jandreau v. Nicholson — cited in 22 decisions
Stefl v. Nicholson — cited in 21 decisions

Regulations most often applied (tagged sample)

38 CFR 20.1303 — 108 decisions
38 CFR 3.102 — 72 decisions
38 USC 1110 — 68 decisions
38 CFR 3.303 — 45 decisions
38 CFR 20.300 — 34 decisions
38 USC 1155 — 30 decisions

Want to know which of these patterns your own claim matches? VetAid checks your claim against this decision record. Free, and we never take a cut of your back pay.

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Method and provenance

Outcomes: 61,832 issues involving sleep apnea in 63,660 decisions, drawn from 1,340,998 public Board of Veterans’ Appeals decisions (2007-06-01 to 2026-04-30) at va.gov/vetapp, parsed at the issue level. The headline rates use complete years only (2009–2025); the corpus also holds 66,093 such issues across all years downloaded so far. Decisions the parser could not read cleanly (82,386) are excluded from the rates. This page is regenerated automatically each night by data_moat/gen_outcome_pages.py as the crawl grows. Board-wide rates by condition and judge: /bva/outcomes.

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