Yes, it is possible for the VA to reduce a disability rating, including for sleep apnea, if a re-examination shows sustained improvement in your condition. VA ratings are not necessarily permanent unless they have been in place for a specified period or meet criteria for protection under 38 CFR 3.951 and 3.957 (generally, ratings in effect for 20 years or more become protected from reduction except in cases of fraud, and ratings in effect for 5 years or more require evidence of sustained material improvement under ordinary life conditions before they can be reduced, per 38 CFR 3.344).
For sleep apnea specifically, the current rating schedule under 38 CFR 4.97, Diagnostic Code 6847, ties higher ratings largely to the requirement for use of a breathing assistance device such as a CPAP. If you are using an oral appliance instead of a CPAP and a future sleep study documents improvement, the VA could propose a reduction, but they are required to follow proper due process. This means they must issue a rating reduction proposal, give you 60 days to submit evidence or request a hearing, and the reduction cannot take effect until the beginning of the month after 60 days from that notice, or later if you request a hearing within that window (38 CFR 3.105(e)).
Official 2026 VA monthly compensation, including the 2.8% COLA increase.
Dependent add-ons start at a 30% rating. Child-only and dependent-parent rates: see the full 2026 pay chart.
| 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 |
Does your rating decision hold up under a real audit?
Upload your decision letter and C&P exams — VetAid's analyzer reads the full file, checks every examiner statement word-for-word against your records, and shows which arguments for a higher rating actually hold. Free, and we never take a cut of your back pay.
Analyze my claim free →It is also worth noting that VA has been reviewing sleep apnea claims more closely in recent years, partly due to the high volume of claims tied to secondary conditions and concerns about rating accuracy, but this does not change the legal standard the VA must meet to reduce an existing rating. A single sleep study showing improvement is not automatically sufficient; the VA must show the improvement reflects a genuine, sustained change in your ability to function under the ordinary conditions of life, not just a snapshot test result reflecting a good night's sleep or effective use of your oral device on the night of testing.
If you receive a proposed reduction, you have the right to submit medical evidence, including statements from your treating providers about symptom severity, continued impairment, or variability in device effectiveness, and you can request a personal hearing before the reduction is finalized.
If the VA schedules a new sleep study, keep detailed records of your symptoms, device usage, and any ongoing issues, and be prepared to respond promptly and thoroughly if you receive a proposed rating reduction notice.
Need a deeper analysis?
Our AI checks your situation against outcome data from 1,800,000+ Board of Veterans' Appeals (BVA) decisions (1997–2025).
Analyze Your Claim Free