When a claim is denied because a Compensation and Pension (C&P) exam was missed, the denial is procedural rather than a decision on the medical merits. Under 38 CFR 3.655, if a veteran fails to report for a scheduled exam without good cause, VA will rate the claim based on the evidence of record, which is often insufficient to support service connection, leading to a denial. This does not mean the underlying condition was found unrelated to service; it means VA lacked the medical evidence to make that determination.
In this situation, filing a Supplemental Claim (VA Form 20-0995) is the correct next step, since you now have new and relevant evidence, the sleep study report showing a diagnosis of mild to moderate obstructive sleep apnea and the CPAP prescription. Under 38 CFR 3.156(a), evidence is considered new if it was not previously submitted and relevant if it relates to an unestablished fact necessary to substantiate the claim, such as a current diagnosis. A supplemental claim allows VA to review this new evidence without requiring you to start a completely new claim, and if granted, the effective date may in some cases relate back to the original claim date depending on how the new evidence is treated and when it is filed relative to the prior decision.
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 important to also address the nexus element, meaning evidence connecting the sleep apnea to military service, since a diagnosis alone is not enough for service connection. This can include an in-service event, injury, or illness, or a medical opinion linking the current condition to service, or evidence that sleep apnea is secondary to an already service-connected condition, such as PTSD, rhinitis, or weight gain from another service-connected disability. Without linking evidence, even a confirmed diagnosis may not result in a grant.
Requesting a copy of the sleep study, the CPAP prescription, and any treatment records from the VA facility where the study was conducted will strengthen the supplemental claim. If you have any lay statements, buddy statements, or service treatment records suggesting symptoms during service, such as snoring, fatigue, or witnessed breathing pauses, those should be included as well.
The concrete next step is to file VA Form 20-0995 (Supplemental Claim), attach the sleep study results and CPAP documentation, and include any available evidence connecting the diagnosis to service or to an already service-connected condition.
Need a deeper analysis?
Our AI checks your situation against outcome data from 1,900,000+ Board of Veterans' Appeals (BVA) decisions (1992–2025).
Analyze Your Claim FreeVetAid is a free veterans claims tool, not a VA-accredited representative — it does not file anything with VA for you, and it works alongside your accredited VSO, claims agent or attorney. About VetAid