Cpap machine giving me problems, will not using affect my rating?

Stopping use of your CPAP due to equipment issues will not, by itself, trigger a reduction of your 100% P&T rating, as your protected status means the VA will not schedule routine re-examinations (38 CFR 3.327). However, your underlying 50% sleep apnea rating, assigned under Diagnostic Code 6847, is predicated on the *prescription* of a CPAP device (38 CFR 4.97). The rating is not contingent on proving you use it nightly, but a documented refusal to use prescribed treatment could theoretically be used as evidence of improvement if the VA were to initiate a review based on other evidence. To protect your rating and, more importantly, your health, you must take immediate action: **Contact your VA Sleep Clinic or Patient Care team to report the machine's defects (leak and odor) and request a replacement or repair.** Do not simply stop using it; document your attempts to resolve the issue. If the CPAP remains intolerable, discuss alternative treatments like a BiPAP or oral appliance with your provider, as a change in prescribed therapy does not lower your rating. The precedent in *Buchanan v. Nicholson* supports that a rating is based on the condition's severity, not compliance with a specific device if it is ineffective. Your next steps are: 1) Report the faulty equipment to VA Respiratory Therapy, 2) Schedule a follow-up with your sleep physician, and 3) Maintain your own records of these communications.

*This information is for educational purposes and is not a substitute for professional legal or medical advice.*