Can You Claim Sleep Apnoea Secondary to Obesity With DVA?

Sleep apnoea secondary to obesity is a secondary DVA claim that works through the obesity cascade: an accepted service injury limits your physical activity, your weight increases to a BMI of 30 or above, and that sustained obesity causes obstructive sleep apnoea (OSA). Each link in that chain is documentable.

This article covers the secondary claim pathway through obesity. If you’re looking at claiming OSA as a primary service-related condition — for example, through nasal trauma or mandibular injury — that is a separate claim type.

The SoP factor

The Sleep Apnoea SoP No. 68 of 2022 (Reasonable Hypothesis) contains factor 9(7)(c), applicable to obstructive sleep apnoea specifically: being obese at the time of the clinical onset of sleep apnoea. The SoP defines obese as having a Body Mass Index (BMI) of 30 or greater. The Balance of Probabilities version is SoP No. 69 of 2022 with the equivalent factor.

Building the obesity cascade

You are not required to prove the service injury was the sole cause of your obesity. The claim is that the injury contributed to reduced physical activity, which contributed to weight gain, and the resulting obesity caused the OSA.

Polysomnography and OSA diagnosis

OSA diagnosis for a DVA claim requires a formal sleep study (polysomnography). The study measures the apnoea-hypopnoea index (AHI): mild OSA (5–14 events per hour), moderate (15–29 per hour), or severe (30 or more per hour). Severity affects the GARP M impairment rating under Chapter 6 (Sleep Disorders).

A home sleep study (type 3 or 4 device) can produce a preliminary diagnosis, but a full in-lab polysomnography is the gold standard for DVA purposes and resolves any ambiguity about severity classification.

GARP M assessment for sleep apnoea

OSA is assessed under GARP M Chapter 6 (Sleep Disorders). The assessment considers AHI severity, daytime sleepiness (Epworth Sleepiness Scale), cognitive and functional impact, and CPAP or other treatment requirements. Moderate-to-severe OSA on treatment typically produces a rating of 10 to 20 points. Severe OSA with significant daytime impairment can attract higher ratings.

OSA and chronic insomnia disorder are distinct conditions assessed under separate GARP M instruments. Both can be accepted and both contribute impairment points to your combined score.

OSA and the hypertension secondary cascade

Once OSA is accepted, it opens a further secondary claim. The Hypertension SoP No. 21 of 2022 contains factor 9(9): having obstructive sleep apnoea at the time of clinical onset. If accepted OSA preceded hypertension, hypertension can be claimed as secondary to OSA. This extends the obesity cascade: accepted MSK → obesity → OSA → hypertension.

Frequently asked questions

My BMI is currently below 30 because I've lost weight. Can I still claim?

Yes. The SoP factor requires obesity at the time of clinical onset of the OSA. If your BMI was 30 or greater when the OSA first developed, the factor is satisfied regardless of subsequent weight loss. BMI at the time of diagnosis is the relevant measure.

I'm overweight (BMI 25–29) but not obese. Does this factor apply?

No. This specific factor requires BMI of 30 or above. Other OSA factors in the SoP may apply depending on your circumstances, including factors for craniofacial abnormalities, acromegaly, or hypothyroidism.

Can I claim OSA and insomnia separately?

Yes. OSA and chronic insomnia disorder are clinically distinct conditions under separate SoPs and assessed under separate GARP M chapters. Both can be accepted and both contribute impairment points independently.

Can I claim both lumbar spondylosis and sleep apnoea as secondary to obesity from the same accepted injury?

Yes. Each condition has its own SoP and threshold. Lumbar spondylosis requires BMI 30+ for 10 continuous years; sleep apnoea requires BMI 30+ at time of onset. Both can be claimed through the same obesity cascade from the same primary accepted injury.