Citation Nr: 18145437
Decision Date: 10/29/18	Archive Date: 10/29/18

DOCKET NO. 16-30 146
DATE:	October 29, 2018
ORDER
Entitlement to service connection for obstructive sleep apnea is granted.
FINDING OF FACT
Resolving all doubt in the Veteran’s favor, his obstructive sleep apnea is etiologically related to his active military service.
CONCLUSION OF LAW
The criteria for entitlement to service connection for obstructive sleep apnea have been met.  38 U.S.C. § 1110, 1131, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303 (2017).
REASONS AND BASES FOR FINDING AND CONCLUSION
The appellant is a Veteran who served on active duty from May 1993 to May 2013.  This matter is before the Board of Veterans’ Appeals (Board) on appeal from a July 2014, rating decision of the Waco, Texas, Department of Veterans Affairs (VA) Regional Office (RO).
In May 2018, a Board hearing was held before the undersigned.  A transcript of the hearing is associated with the Veteran’s claims file.  
Entitlement to service connection for obstructive sleep apnea 
The Veteran has asserted that his sleep apnea originated during service.   
The Veteran’s service treatment records contain reports of and complaints related to sleep, and respiratory conditions.  According to a post-deployment assessment, in March 2005, he reported feeling tired after sleep.  At a March 2011 visit, he complained of poor sleep.  In December 2012, he was seen with complaints of dyspnea.  
At a VAMC visit, in February 2014, he was evaluated and found to have obstructive sleep apnea.  His wife reported witnessing sleep apnea dating back to 2012.  
He was afforded a VA examination in June 2014.  He reported being diagnosed with OSA in February 2014, and was using a CPAP daily.  The examiner noted the in-service reports of anxiety and sleep limitations, and the dyspnea reported in December 2012.  The examiner also noted the 2012 pulmonary function test that showed the Veteran to have minimal obstructive lung defect.  The examiner concluded the OSA was less likely than not incurred in or caused by an in-service injury event or illness.  The rationale was, the anxiety disorder with decreased sleep and pulmonary function test showing minimal obstructive lung defect, are not the clear cause of the Veteran’s upper airway obstruction during sleep causing OSA.   
In a June 2016 statement, the Veteran stated he was diagnosed with OSA within one year of discharge of service.  
At the Board hearing the Veteran reported his wife noticed he would stop breathing while he was enrolled in service. 
The Veteran’s STRs document both complaints of breathing and sleeping difficulties.  The Veteran has consistently reported suffering from sleep complications during service, through present.  
The Veteran has consistently stated his sleep apnea is a result of his service.  Sleep apnea may be service connected if the evidence of record shows that the Veteran currently has a disorder that was chronic in service, or if not chronic, that was seen in service with continuity of symptomatology demonstrated thereafter.  A Veteran is also competent to testify regarding facts or circumstances that can be observed and described by a layperson.   
Although there is no positive opinion of record, the Veteran is diagnosed with obstructive sleep apnea, had complaints of sleep disturbances since service, and there is competent and credible testimony indicating ongoing sleep apnea problems since service.  As such, all reasonable doubt is resolved in the Veteran’s favor, and service connection for obstructive sleep apnea is granted.  See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102.

 
H.M. WALKER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	E. Skiouris, Associate Counsel