Sleep Apnea Secondary to Asthma Claim Guide

Sleep Apnea (VA diagnostic code 6847) is sometimes claimed as secondary to service-connected Asthma (code 6602) under 38 CFR 3.310. We analyzed published Board of Veterans' Appeals decisions on that pairing; here is what they show. It is an encyclopedic reference, not a forecast.

Last updated: August 2026 · Educational use only. This page catalogs how published Board decisions handled this claim pairing. It is not legal advice, not a recommendation about your claim, and it does not predict an outcome. Verify current rules at VA.gov or eCFR.

The Numbers, from 1.9M Appeals

We analyzed the Board's published decisions and found sleep apnea (DC 6847) claimed as secondary to asthma (DC 6602) is a real, mid-sized claim pool that wins clearly more often than it loses once it reaches a merits decision.

31%
Granted, of all 487 issues. Among decided issues only (granted or denied), 61% were granted.
487
published Board issues arguing sleep apnea secondary to asthma
47%
of all issues were remanded, sent back for more development

How those 487 issues came out

Descriptive Board data. Correlation is not predictive. This shows how similar filings were decided in the published record, not the odds for any individual claim.
Granted: 152 Remanded: 230 Denied: 99 Other: 6

Counts from RateMyVSO's index of published BVA decisions, as of August 2026. "Granted 31%" is granted ÷ all 487 issues, remands included. Counting only issues decided up-or-down (granted ÷ (granted + denied)), 61% were granted. A remand is not a loss; it means the Board needed more evidence before deciding. Secondary service connection rule: 38 CFR § 3.310.

Research and evidence guide for sleep apnea claimed secondary to asthma, drawn from 487 Board appeals on that pairing.
Visual guide: Sleep Apnea Secondary to Asthma View full size · All 18 visual guides

Symptoms Recorded in Granted Sleep apnea Decisions

We analyzed 10,989 granted Board decisions involving sleep apnea for symptoms named in sentences about the condition (rating-criteria recitations excluded). Descriptive of the published record, what the Board wrote down, not a checklist of what to report.

Snoringshare of granted 27.9%
n = 3,065
Fatigueshare of granted 11.4%
n = 1,258
Daytime sleepiness or hypersomnolenceshare of granted 11%
n = 1,211
Insomniashare of granted 8%
n = 879
Morning headachesshare of granted 1.4%
n = 153

Detected by phrase-reading the decision text with condition-specific vocabularies. Source: Board of Veterans' Appeals decisions, RateMyVSO analysis.

ICD-10 Diagnosis Codes for Sleep Apnea

The ICD-10 diagnosis codes most commonly used for DC 6847, Sleep Apnea (the kind on your medical records, decision letter, or C&P exam report). VA rates the disability and its residuals, not the diagnosis itself, so coding can vary.

G47.33 Obstructive sleep apnea (adult) (pediatric)G47.30 Sleep apnea, unspecifiedG47.31 Primary central sleep apneaG47.37 Central sleep apnea in conditions classified elsewhereG47.39 Other sleep apnea

See the full diagnostic-code page →

What a secondary claim on this pairing needs

Under 38 CFR 3.310 a secondary claim turns on three elements:

  • A current diagnosis: a medical diagnosis of sleep apnea (the secondary).
  • A service-connected primary: Asthma, already service-connected (the primary). A 0% primary still counts.
  • A medical nexus: a medical opinion linking the sleep apnea to the asthma, showing the primary caused or aggravated it.

See the Secondary Claim guide for the caused-versus-aggravated split, and the Nexus Letter guide for what makes the medical opinion strong.

Why sleep apnea is claimed secondary to asthma

Documented mechanism
Asthma and obstructive sleep apnea frequently occur together, and there are documented ways asthma can contribute to or worsen sleep apnea. Chronic airway inflammation, nasal congestion, the weight gain and fluid retention that can come with long-term oral steroid treatment, and coexisting acid reflux can each promote the upper-airway narrowing that defines obstructive sleep apnea, or make existing apnea more severe. Because of this, asthma is often claimed not only as a direct cause but as an aggravating condition, and VA recognizes aggravation, where a service-connected disability worsens another condition, as a separate basis for secondary service connection under 38 CFR 3.310(b). Whether either pathway applies to a particular veteran depends on that veteran's own records, including weight and steroid history, nasal and reflux conditions, a formal sleep study, and a sleep specialist's opinion connecting the two.
This rationale is generated from the data for this specific pairing, not hand-written per page. The grant and denial figures above come only from the decision data, never from the rationale text.

Whether that medical link exists in any one case is a medical question decided on that case's own evidence (the nexus).

Caused By vs Aggravated By: What the Board Found

The outcome split above counts whole issues. This section goes one layer deeper. Under 38 CFR § 3.310 a secondary claim can be won two ways: the asthma caused the sleep apnea (§ 3.310(a)), or it aggravated an existing sleep apnea (§ 3.310(b)). Every grant rests on one or the other, so the numbers below divide up the granted claims only.

150
claims the Board granted on this pairing
132
granted because the asthma caused the sleep apnea
18
granted because it aggravated an existing sleep apnea
Granted on causation: 132 Granted on aggravation: 18

Direct causation is the route that carries most grants here: 88% of them found the asthma caused the sleep apnea, the rest found aggravation. A practical consequence for the nexus opinion: it should address both routes, because a medical opinion that only argues causation leaves the aggravation theory, a separate legal basis, on the table. See the caused-vs-aggravated guide for how the two theories differ.

On the other side: in 40 denied claims the Board looked at this pairing and found no link, meaning it decided the asthma neither caused nor worsened the sleep apnea. That is a separate group from the grants above, counted here so the picture is not one-sided.

We analyzed published Board decisions on this pairing to build this split. The grant split covers granted claims only; denied, remanded, and dismissed claims are not in it. Descriptive of the published record, not a prediction.

What VA Looks For: Tests, Records, and Diagnostic Codes

The record VA actually reviews centers on a small set of documents. We analyzed published Board decisions on these claims and ranked the records that appeared most often:

  • A medical nexus opinion: the one record VA weighs most on a secondary claim, a doctor's statement linking your sleep apnea to your service-connected asthma and naming the mechanism.
  • Sleep study (polysomnography) in the file
  • CPAP prescribed or recommended
  • Witness statements on snoring or stopped breathing
  • In-service fatigue, snoring, or daytime sleepiness
  • Weight gain documented during or since service

The diagnostic code involved: DC 6847 (Sleep Apnea). The rating levels for this code are in the rating section below.

Records ranked by how often published Board decisions cited them. The exam that captures most of this is covered in the C&P Exam section below. Source: Board of Veterans' Appeals decisions, RateMyVSO analysis.

The Evidence That Wins Sleep Apnea Secondary Claims

What veterans who win this pairing actually put in the file, and why each piece moves the claim.

  • Get a sleep study on record: A formal polysomnography with your AHI score and oxygen desaturation numbers is the one thing VA needs to confirm you actually have sleep apnea. Without it, most claims get denied before they even reach the nexus question.
  • Pull your asthma treatment history: Service treatment records and VA medical records showing your service-connected asthma diagnosis, inhaler use, steroid courses, and any hospitalizations. This is the foundation everything else builds on, it proves the condition you're claiming as the cause.
  • Add pulmonary function tests: FEV-1 and FEV-1/FVC ratio results show how much airway obstruction your asthma is causing. The worse the numbers, the stronger the case that the same inflammation narrowing your airways during the day is also collapsing them at night.
  • Get a nexus letter that names the mechanism, not just the timing: A letter that only says "you have both conditions" will get denied. You need a sleep specialist or pulmonologist who explains HOW asthma causes sleep apnea: chronic airway inflammation narrows the breathing passage, and when muscles relax during sleep, that narrowed airway collapses more easily. The opinion should also address the reverse pathway, how sleep apnea episodes can trigger asthma flares through increased vagal nerve activity.
  • Make sure the letter uses the right legal language: The doctor should state it is "at least as likely as not" (50% or greater probability) that your asthma caused or made your sleep apnea worse. If your asthma didn't cause the sleep apnea outright but made an existing mild case worse, the letter needs to say that clearly too, aggravation counts just as much as causation, but only if it's spelled out.
  • Document your CPAP treatment and how well it's working: Your prescription, your compliance data, and notes on whether it's actually improving your daytime fatigue and function. VA is moving toward looking at how well treatment works, not just whether you own a machine.
  • Get lay statements from people who've seen you sleep: A spouse or family member describing gasping, choking, or breathing pauses at night backs up the sleep study with real-world observation. This carries real weight, especially if your service records never mention sleep problems directly.
  • Keep a simple journal linking your asthma flares to bad nights: Note when your asthma gets worse and whether your sleep and daytime fatigue get worse at the same time. A pattern like this helps your doctor and VA see the two conditions moving together, not just sitting side by side.

Evidence Cited in Published Sleep apnea Decisions

We analyzed 77,405 published Board decisions involving sleep apnea for condition-specific evidence, counting only case-specific mentions (boilerplate recitations excluded). "Favorable" is the share of decisions citing that evidence where every issue was granted or the outcome was mixed; the baseline across all these decisions is 58%. Evidence appearing in a decision does not mean it decided the case. Descriptive of the published record, not a prediction.

Sleep study (polysomnography) in the filefavorable 63.6%
n = 26,997
CPAP prescribed or recommendedfavorable 65.7%
n = 13,978
Witness statements on snoring or stopped breathingfavorable 64.2%
n = 6,949
In-service fatigue, snoring, or daytime sleepinessfavorable 61.3%
n = 6,949
Weight gain documented during or since servicefavorable 62.6%
n = 6,160

Detected by phrase-reading the decision text with condition-specific vocabularies. Source: Board of Veterans' Appeals decisions, RateMyVSO analysis.

Board Grants on This Pairing, Dissected

Read the record, not the odds. These are real published decisions on this exact pairing, summarized to show what evidence was in the file and how the Board weighed it. Board decisions are not binding precedent and none of them predicts your result.

The decisions below show a clear pattern in cases where the Board granted service connection for sleep apnea as secondary to asthma. In each case, the veteran had a current sleep apnea diagnosis and an already service-connected asthma disability. The dispute centered on whether a link existed between the two conditions, and the Board found the private or treating doctor's opinion more persuasive than the VA's opinion, often because the VA opinion failed to address aggravation or relied on an outdated legal standard. Board decisions like these are not binding precedent on other veterans' claims, but they show what kind of evidence has persuaded the Board in the past.

Treating providers' opinions outweigh VA exam that used the wrong legal test Citation A26036810 (April 2026), Hearing docket

The record: The veteran had a diagnosis of severe obstructive sleep apnea and service-connected asthma. An advanced practice registered nurse (APRN), M.B., cited an NIH-referenced study showing asthma patients have a 27 percent chance of developing sleep apnea versus 16 percent in non-asthmatics. A treating physician, Dr. M.M. of FDC Pulmonary Medicine, wrote that the veteran's "asthma and obstructive sleep apnea are closely related and must be treated equally," explaining that asthma likely contributed to weight gain, steroid use, and airway occlusion that fed into the sleep apnea. The VA's October 2023 examiner found it less likely than not that sleep apnea was "proximately due to" asthma, reasoning that asthma does not cause obstructive sleep apnea.

Why it won: The Board found the VA opinion inadequate because it applied the "proximately due to" standard that the Federal Circuit found unlawful in Spicer v. McDonough, and because it never addressed whether the sleep apnea would be less severe but for the asthma (the aggravation question). The Board gave "some probative weight" to the treating providers' opinions because they came from professionals familiar with the veteran's history and were consistent with the private medical records. With the evidence in approximate balance, the Board resolved doubt in the veteran's favor.

Internal medicine specialist's literature-based opinion beats three inadequate VA opinions Citation A26034453 (April 2026), Evidence Submission docket

The record: The appellant had OSA and service-connected asthma with occasional bronchitis. Three VA opinions (November 2018, February 2021, and June 2021) found no link, with the June 2021 examiner calling OSA "a separate entity entirely" from asthma. Dr. M.L., a specialist in internal medicine and oncology, submitted a December 2021 private opinion finding it "more likely than not" that the appellant's OSA was caused by her service-connected asthma and bronchitis. Dr. M.L. discussed the appellant's reported in-service symptoms (gasping for breath during sleep since 2001) and cited a population-based epidemiological study on asthma and new-onset OSA risk, along with specific biological pathways linking the two conditions.

Why it won: The Board found all three VA opinions inadequate because none discussed the appellant's credible lay statements about her in-service symptoms, and none properly addressed aggravation under the Spicer standard. Dr. M.L.'s opinion, by contrast, addressed the appellant's lay history and cited specific medical literature. The Board applied the standard that probative value comes from "factually accurate, fully articulated, sound reasoning," and found Dr. M.L.'s opinion carried more weight than the inadequate VA opinions. Reasonable doubt was resolved in the appellant's favor.

Private nurse practitioner's opinion prevails when VA examiner found no current diagnosis Citation A26026248 (March 2026), Evidence Submission docket

The record: The veteran had a private sleep study diagnosing OSA and was already service-connected for asthma, allergic rhinitis, and chronic sinusitis. A March 2023 private opinion from M. DeNicola, DNP, explained that airway inflammation from asthma, increased airway resistance from rhinitis, and congestion from sinusitis all exacerbate OSA, and noted the veteran lacked other risk factors for OSA. A September 2023 opinion from M. Traficante, DC, agreed with less explanation. The VA's April 2024 contract examiner did not find a current diagnosis of OSA and therefore did not offer any etiology opinion.

Why it won: The Board found the March 2023 opinion probative because it gave a clear conclusion supported by data and reasoned medical explanations. Since the VA examiner's opinion did not actually address etiology, there was no competing negative opinion of substance. With the private opinions unopposed by any adequate contrary evidence, the Board found the evidence at least in equipoise and granted the claim.

Board rejects VA opinion after finding presumption of soundness controls the asthma question first Citation A26026063 (March 2026), Direct Review docket

The record: The veteran's asthma was granted service connection first, then his OSA claim followed as secondary. On the OSA nexus question, a January 2025 VA examiner found it less likely than not that OSA was due to asthma, but the examiner also noted that "patients of asthma have an increased risk for OSA than the general population," citing the National Institutes of Health. A July 2025 VA opinion also found against the claim, reasoning that a March 2018 record showing alcohol withdrawal could explain reported somnolence, and pointing to a normal BMI as evidence against other risk factors.

Why it won: The Board found the evidence approximately balanced given the VA examiner's own acknowledgment of increased OSA risk in asthma patients, even though that same examiner's bottom-line conclusion was negative. The Board applied the benefit of the doubt doctrine, finding this internal tension in the VA opinion sufficient to bring the record into equipoise.

Physician's citation to bidirectional-relationship research outweighs VA opinion that ignored it Citation A26024817 (March 2026), Hearing docket (withdrawn)

The record: The veteran had service-connected bronchial asthma and a diagnosis of OSA from a sleep study. An August 2020 VA examiner opined against a link, reasoning that asthma and OSA have different anatomical causes: asthma from airway inflammation, OSA from physical upper-airway obstruction. In November 2024, Dr. P, a physician who reviewed the complete record, explained that recent medical studies found a "bidirectional relationship between bronchial asthma and OSA," and listed several possible biological links, including increased parasympathetic tone, hypoxemia-related reflex bronchoconstriction, and increased inflammatory mediators.

Why it won: The Board found the VA opinion did not address the medical studies Dr. P cited and did not reflect the broad, multi-causal standard for secondary service connection under Spicer v. McDonough. Because the VA opinion did not grapple with the contrary literature, the Board found it unpersuasive on that point. Dr. P's opinion, based on a full record review and citation to research, was found probative, and the Board found the evidence evenly balanced, granting the claim on reasonable doubt.

What the Board Said in Recent Grants

These are the Board's own words, quoted from the findings in 5 recent granted decisions on this pairing. Each sentence is the finding the grant rested on, not a summary of it. Click a citation to read the full decision.

A26036810 · 2026Found caused
“Resolving all doubt in favor of the Veteran, his sleep apnea is due to his service-connected asthma.”
A26034453 · 2026Found caused
“The appellant's OSA was caused by her service-connected asthma with occasional bronchitis.”
A26026248 · 2026Found causedBenefit of the doubt
“Resolving reasonable doubt in the Veteran's favor, his OSA is at least as likely as not related to his service-connected asthma, allergic rhinitis, and chronic sinusitis”
A26026063 · 2026Found causedBenefit of the doubt
“Resolving reasonable doubt in the Veteran's favor, the Veterans OSA was caused by his service-connected asthma”
A26024817 · 2026Found caused
“The evidence is at least evenly balanced as to whether the Veteran's OSA was caused by his service-connected bronchial asthma.”

Quoted from published Board decisions on this pairing, most recent first. Descriptive of the published record, not a prediction about any individual claim. Search the full decisions in BVA Decision Search.

Why VA Denies, and How the Board Answered

The rationales below are the ones VA examiners actually used against this pairing in the published record, each paired with the Board's response.

  • Read the left column first: if a VA opinion in your file uses one of these arguments, that is the reasoning your own evidence has to meet.
  • The right column is the counter: it shows how the Board actually answered that argument, with the decision cited.
  • A rationale appearing here is not a verdict: the same argument won some cases and lost others, on different records.
VA examiner's rationaleHow the Board answered it
Asthma and OSA are "medically unrelated" because they affect different parts of the airway (upper airway collapse versus lower airway inflammation/constriction), and a literature review found no causal relationship.The Board found this opinion adequate and persuasive where it was based on a full record review and gave a clear, supported rationale, and where the only contrary evidence was a conclusory private note with no rationale or literature citation (A25084276).
Risk factors like obesity, male gender, and smoking history far outweigh any role for asthma, and no peer-reviewed research shows a cause-and-effect relationship between asthma and sleep apnea.The Board accepted this opinion as probative because it was based on accurate medical history and offered clear conclusions with supporting data, and found the veteran not competent to rebut it with his own lay nexus theory (A26008539).
Sleep apnea's etiology and pathophysiology are fully understood and relate to anatomic factors like Mallampati score, neck circumference, and obesity, not to asthma, and sleep apnea diagnosis predated the asthma diagnosis by several years.The Board found this reasoning persuasive and consistent across multiple VA opinions, noting that sleep apnea preceding the service-connected condition undercut any secondary causation theory, and that the record lacked objective evidence of aggravation beyond the sleep apnea's baseline severity (25008839).
Asthma does not cause obstructive sleep apnea, and while OSA can worsen asthma symptoms at night, there is no reverse causal pathway. (A26036810)The Board found this opinion inadequate because it applied a stricter "proximately due to" standard than the law requires post-Spicer, and it failed to address whether the sleep apnea would be less severe but for the asthma, so it could not be relied upon to deny the claim.
OSA is "a separate entity entirely" from asthma, and a review of medical literature failed to demonstrate a causal relationship. (A26034453)The Board found this opinion, along with two similar prior VA opinions, inadequate because none discussed the veteran's credible lay statements about in-service symptoms and none addressed the aggravation prong required for a complete secondary service connection opinion.

If Granted: How Sleep Apnea Is Rated

The VA assigns one of these percentages based on what your medical record documents. Plain-language summary of the rating criteria at 38 CFR; the controlling text is the regulation itself.

RatingWhat the record has to show for DC 6847, Sleep Apnea
100%You qualify at this level if your sleep apnea has caused chronic respiratory failure where your body can't get rid of carbon dioxide properly, or if it has led to cor pulmonale (heart problems caused by lung disease). You also qualify if you need a tracheostomy (a surgical opening in your neck to help you breathe).
50%You must use a breathing assistance machine like a CPAP device (continuous positive airway pressure machine) all the time to help keep your airways open and support your breathing.
30%You feel excessively sleepy during the day on a regular, ongoing basis that doesn't go away. This persistent daytime sleepiness (hypersomnolence) means you have trouble staying awake or alert during normal daytime hours, even after what should be a full night's sleep, and it significantly impacts your daily activities.
0%You have been diagnosed with sleep apnea through a sleep study or other medical testing, but you don't experience any noticeable symptoms from it. Even though the medical tests show you have breathing problems while sleeping (documented sleep disorder breathing), you don't have symptoms like daytime fatigue, morning headaches, or need to use a CPAP machine.

Do's and Don'ts

Every item below comes from a pattern in the decisions on this pairing, not from general claim advice.

Do
  • Get a private doctor's opinion that addresses both whether asthma caused your sleep apnea and whether asthma made it worse (aggravation), since the Board has faulted VA opinions that skip the aggravation question.
  • Ask your doctor to cite specific medical studies or literature in the written opinion, since the Board gave more weight to opinions that named research over conclusory statements.
  • Make sure your doctor's letter discusses your own reported history and symptoms, since the Board found VA opinions inadequate when they ignored a veteran's lay statements about symptom onset.
  • Keep records showing the timeline of your symptoms, including any in-service complaints of snoring, gasping, or daytime fatigue, since the Board has looked closely at which condition came first.
  • Submit evidence within any window the Board sets after a hearing or higher-level review request, since the Board can only consider evidence submitted in that specific timeframe.
Don't
  • Don't assume a single sentence linking asthma and sleep apnea is enough. The Board has repeatedly rejected conclusory opinions without supporting rationale or literature.
  • Don't rely only on your own statements about the cause of your sleep apnea. The Board has consistently found veterans not competent to give a medical opinion on this question.
  • Don't ignore other risk factors like obesity, neck circumference, smoking, or age. VA examiners often point to these factors, and a private opinion that does not address them may carry less weight.
  • Don't expect a grant if your sleep apnea diagnosis clearly came years before your asthma diagnosis. The Board has treated that timeline as evidence against a secondary connection.
  • Don't miss the evidence deadline tied to your chosen appeal docket. The Board cannot consider evidence submitted outside the applicable window under the rules described in these decisions.

Quick Checklist Before You File

  • Service connection already in place for Asthma, and a current medical diagnosis of sleep apnea.
  • Diagnostic testing, imaging, or clinical records documenting the sleep apnea, whatever your provider used to diagnose and track it.
  • A nexus opinion, whenever possible from a doctor familiar with sleep apnea, stating it is at least as likely as not caused or aggravated by the asthma, and naming the mechanism rather than just the conclusion.
  • Lay statements: spouse, family, friends, or battle buddies describing what they've witnessed or noticed.
  • Your STRs and any VA opinions already in the file on either condition. If a VA opinion already went against you, your submitted opinion or statement should address its specific reasoning.

For the mechanics of filing itself, see the Standard Claim Guide and the Fully Developed Claim Guide.

The Claims Process, Step by Step

A secondary claim moves through the same pipeline as any other. Understanding who does what helps you know who to contact and what to expect.

  1. You file the claim, naming Asthma as the service-connected primary and sleep apnea as secondary. Directly with VA, through VA.gov, or with an accredited representative's help.
  2. VA assigns a Veteran Service Representative (VSR) to develop the claim: gather your service treatment records, VA and private medical records, and order a C&P exam if needed.
  3. The C&P exam is conducted, usually with the examiner asked to address the specific secondary theory (causation and aggravation both).
  4. The file goes to a Rating Veteran Service Representative (RVSR), the "rater," who weighs the medical evidence and decides service connection and, if granted, the rating percentage.
  5. VA issues the decision letter stating the outcome and the reasoning.
  6. If denied or under-rated, you choose an appeal lane, Supplemental Claim, Higher-Level Review, or a Board appeal, covered below.

Who's who: VSO vs. VSR vs. Rater vs. C&P Examiner

Your VSO

An accredited representative, agent, or attorney. Not a VA employee. Helps prepare and file, and can represent you on appeal. Has no authority to decide your claim.

VSR

VA staff who develops the claim: gathers records and schedules the exam. Does not decide the rating.

Rater (RVSR)

VA staff who reviews the complete file and makes the actual decision on service connection and percentage.

C&P Examiner

Conducts the exam and, where asked, gives a nexus opinion. Does not decide the claim, but the opinion's reasoning and legal framing carry real weight.

For the full walkthrough, see Inside Your Claim and Claim Stages.

DBQs and Your C&P Exam

A Disability Benefits Questionnaire (DBQ) is the standardized form the examiner completes for your condition. See the DBQ Guide for how these forms work and whether a private DBQ from your own doctor can be submitted instead of relying solely on a VA exam. For what to expect and how to prepare, see the C&P Exam Prep Guide, and be specific about how your sleep apnea symptoms relate to your asthma timeline, treatment, and any aggravation, that is the detail a nexus opinion relies on.

Reading Your Decision Letter, and What to Do If Denied

Your decision letter has a narrative "reasons and bases" section and a codesheet with the rating and effective date. See the Reading Your Decision Letter Guide or use the Letter Interpreter tool to decode your own letter. If denied, you have three main lanes:

  • Supplemental Claim: refile with new and relevant evidence, such as a nexus opinion that addresses the mechanism and the specific VA rationale you're rebutting. See Supplemental Claim Guide.
  • Higher-Level Review (HLR): a senior reviewer looks at the same evidence again, useful if the denial rested on a legal error. See HLR Guide.
  • Board Appeal: your case goes to a Veterans Law Judge, with a direct review, evidence, or hearing docket. See Board Appeal Guide.

Not sure which lane fits? See the Appeals decision guide for a side-by-side comparison.

After You Win: Maintaining Your Rating

Keep documentation of ongoing treatment, follow-up evaluations, and any updated diagnostic testing for your sleep apnea on file, this protects you if VA schedules a future reexamination. See Protect Your Rating for when a rating becomes protected and Future Reexaminations for what triggers one. If your sleep apnea worsens, see the Rating Increase Guide.

Frequently Asked Questions

Does Asthma have to be highly rated to support a sleep apnea secondary claim?

No. 38 CFR 3.310 looks at whether the service-connected Asthma caused or aggravated the sleep apnea, not at how severe the Asthma rating is. Even a 0% service-connected primary can anchor a secondary claim.

What do the percentages on this page mean?

They are the historical outcomes of 487 published Board decisions on this exact pairing: 31% granted, 20% denied, 47% remanded. They describe decided appeals already on record. They do not predict what would happen in any individual case.

RateMyVSO. Educational resource. Not affiliated with the U.S. Department of Veterans Affairs. Not legal advice. All RateMyVSO tools are free. Find a VSO representative for personalized guidance.