Published February 28, 2026

Veterans and the CPAP Recall: Your VA Benefits May Increase Your Claim

For veterans who received a Philips CPAP or BiPAP device through the Department of Veterans Affairs, the recall isn't just a civil litigation matter — it may also be a VA disability matter. And the two compensation systems can work together.

This guide explains how veterans can potentially pursue both the civil settlement and VA disability benefits for conditions related to their recalled CPAP device.

Why Veterans Are Central to This Litigation

Sleep apnea is one of the most commonly diagnosed service-connected conditions in the U.S. military. The combination of high-stress environments, irregular sleep schedules, and physical strain during service creates elevated risk. As a result:

• The VA is one of the nation's largest prescribers of CPAP equipment
• Philips Respironics was a major VA supplier — hundreds of thousands of veterans received recalled Philips devices
• Many veterans used their VA-issued CPAP devices for 5–10+ years before the recall
• VA healthcare records typically document CPAP use comprehensively — useful for claims

The Two Compensation Avenues

1. Civil Settlement (MDL 3014)

Veterans participate in the Philips civil settlement the same as any other claimant. Both tracks are available:

• Economic Loss ($445M): VA-issued devices count for this track. The VA received a defective product on your behalf as an earned benefit. The economic loss claim covers the diminished value of that defective device.
• Personal Injury ($1.1B): Veterans who developed cancer, respiratory damage, or other health conditions from foam exposure are eligible on the same basis as civilian users.

2. VA Disability Compensation

Here's where veterans have an additional avenue that civilian users don't: VA disability compensation for conditions caused or worsened by a VA-issued recalled CPAP device.

The legal theory: If the VA issued you a defective medical device that harmed your health, the resulting health condition may be considered service-connected — because it arose through a VA-provided benefit of your service.

If your VA disability claim is approved, benefits can include:

• Monthly tax-free compensation based on disability rating (0%–100%)
• Healthcare through VA for the rated condition
• Survivor benefits if the condition is terminal
• Conditions like lung cancer or severe respiratory damage may qualify for 100% rating — currently $3,800+/month for a veteran with no dependents

VA Disability Does Not Preclude Civil Settlement

This is the key message for veterans: pursuing VA disability and the civil settlement are not mutually exclusive.

VA disability compensation and civil lawsuit settlements are administered through completely separate systems and are not offset against each other. A veteran can receive VA disability compensation AND participate in the Philips civil settlement.

This means many veterans could potentially receive:

• Economic loss settlement funds (Track 1)
• Personal injury settlement funds (Track 2)
• VA disability monthly compensation
• VA healthcare for related conditions

Key Records for Veterans

Finding the Right Attorney

Not all mass tort attorneys also handle VA disability claims — but some do. For the most comprehensive outcome, veterans should ideally work with:

• A mass tort attorney experienced in MDL 3014 for the civil settlement claims
• A VA-accredited attorney or VSO for the VA disability claim

Some veterans-focused law firms handle both. An initial eligibility check can connect you with attorneys who understand the veteran-specific aspects of this litigation.

For more veteran-specific information, see our full Veterans Guide →