Citation Nr: 18140941
Decision Date: 10/09/18	Archive Date: 10/09/18

DOCKET NO. 15-42 569
DATE:	October 9, 2018
ORDER
Entitlement to service connection for sleep apnea is granted.
FINDING OF FACT
Sleep apnea was first manifest in service.
CONCLUSION OF LAW
Sleep apnea was incurred in wartime service. 38 U.S.C. §1110; 38 C.F.R. §3.102, 3.303(a).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from September 1981 until September 2001. 
In March 2016, the Veteran testified before the undersigned Veterans Law Judge at a videoconference Board hearing at the RO in Cleveland, OH. A transcript of the proceeding has been associated with the claims file. See 38 C.F.R. §3.103(c)(2).
These matters come before the Board of Veterans’ Appeals (Board) on appeal from a December 2011 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Cleveland, Ohio, that denied service connection for sleep apnea.
1. Entitlement to Service Connection for Sleep Apnea
Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by service. 38 U.S.C. §1110; 38 C.F.R. §3.303(a). Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. §3.303(d).
To establish service connection, the evidence generally must show: “(1) the existence of a present disability, (2) in-service incurrence or aggravation of a disease or injury, and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service” – the so-called “nexus” requirement. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004).
On September 13, 2002, the Veteran was referred to a sleep study after complaining of excessive snoring and daytime drowsiness.  After completing the study in November 2002, the Veteran received a diagnosis of sleep apnea. The issue for the Board is whether the Veteran’s apnea is related to service.
The Veteran has stated that his sleep apnea symptoms began in service. He is competent to report his symptoms. Here, the appellant was first seen for apnea in September 2002.  However, this was not a routine examination.  Rather, he was there for complaints involving his sleep and daytime sleepiness.  In addition, he reported that his history dated to his time in service.  
Generally, reports for treatment purposes are considered credible.  Sleep apnea was first identified by a medical professional in 2002.  However, we find it unlikely that he developed apnea on the day that he was tested for apnea.  Far more likely is that his report of sleep issues and daytime sleepiness were manifestations of apnea, although not diagnosed at that time.


A doctor provided a C&P Examination of the Veteran in September 2015.  He reviewed the Veteran’s service treatment r¬ecords and his claim file in its entirety and concluded that the sleep apnea was less likely than not due to an injury or illness in service.  In his report, the doctor states that snoring and sleepiness are common occurrences and cannot in and of themselves be considered specific symptoms of sleep apnea.  The doctor concludes that it would be speculation to attempt to determine if the Veteran’s self-reported symptoms represented the onset of sleep apnea.  
We find the examiner’s opinion regarding speculation to be unconvincing.

 
H. N. SCHWARTZ
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	S.W. Strike, Associate Counsel