Sleep Apnea has a long and storied history. By law, PEBs are required to rate unfitting conditions per the criteria of the VASRD. Over the years, DoD and the Services began adding their own modifications to the VASRD criteria to keep ratings below 30%; the level required to qualify for disability retirement.
What DoD did to the VASRD rating criteria for sleep apnea is one of the most egregious examples of this tactic. DoD threw out the VASRD criteria for sleep apnea and replaced it with criteria for mental conditions centered on industrial impairment. Sleep apnea requiring a CPAP machine rates 50% per the VASRD. Under the DoD criteria, the same condition rates 0%.
In the 2008 NDAA, Congress passed a law that shut the door on DoD/Service modifications of the VASRD and made it clear they are required to rate per the VASRD. When PEBs could rate with the modified criteria, they had no problem finding service members unfit for sleep apnea and rating them at 0%. Now that they have to rate per the VASRD which often leads to retirement level ratings, they rarely find the condition unfitting.
One of you biggest risks is being evaluated for multiple conditions where they can deem a low rating condition unfitting and your sleep apnea fitting. This could lead to separation without disability retirement.
Mike