Citation Nr: 18142486
Decision Date: 10/17/18	Archive Date: 10/16/18

DOCKET NO. 16-33 656
DATE:	October 17, 2018
ORDER
Entitlement to service connection for sleep disorder is granted.
FINDING OF FACT
There is competent and probative evidence showing the Veteran’s sleep disorder manifested in service.
CONCLUSION OF LAW
The criteria for service connection for sleep disorder are met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served active duty in the United States Army from January 1992 to May 1992, February 2002 to October 2002, and May 2004 to December 2005.
Service connection for sleep disorder 
The Veteran contends he has a sleep disorder that manifested in service and has continued since service.
Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by military service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). Service connection generally requires evidence satisfying three criteria: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship (“nexus”) between the present disability and the disease or injury incurred or aggravated during service. Walker v. Shinseki, 708 F.3d 1331, 1333 (Fed. Cir. 2013). Service connection may nonetheless be granted for any disease diagnosed after discharge when all of the evidence establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d).
The Board finds there is competent and probative evidence showing the Veteran’s sleep disorder manifested in service. 
The Board gives great probative weight to the April 2017 opinion of Dr. H.S. that the Veteran’s sleep-related symptoms appear to most closely align with a condition known as circadian rhythm sleep disorder, which is characterized by impairments of typical sleep-wake cycles as the result of medical conditions, stressful circumstances, or altered shift work. He opined the Veteran’s circadian rhythm sleep disorder more likely than not began during service and continues uninterrupted to the present, which results in persistent daytime hypersomnolence and interferes with focus and concentration. This opinion is credible because it was made after a review of the claims file, an in-person examination, and a review of medical literature related to the topic. The examiner cited to in-service reports of the Veteran feeling tired after sleeping, an August 2009 VA treatment visit noting he sleeps no more than 3 hours a night since returning from Afghanistan, and a September 2009 VA treatment visit noting since deployment he wakes up throughout the night for an hour. The opinion is consistent with the Veteran’s lay statements that he has had sleep problems since deployment when he was required to wake up several times during the night to make administrative decisions and approve missions. The Veteran is competent to report symptoms and experiences observable by his senses. See Jandreau v. Nicholson, 492 F.3d 1372, 1377 (Fed. Cir. 2007); 38 C.F.R. § 3.159(a). These statements are consistent with his serving as an infantry officer during deployment. There are no conflicting competent medical opinions in the claims file. 
In summary, the Board finds there is competent and probative evidence showing the Veteran’s sleep disorder manifested in service. Therefore, entitlement to service connection for sleep disorder is warranted.
 
KELLI A. KORDICH
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	T. Winkler, Associate Counsel