Citation Nr: 18145549
Decision Date: 10/29/18	Archive Date: 10/29/18

DOCKET NO. 14-43 131
DATE:	October 29, 2018
ORDER
Service connection for sleep apnea is granted.
FINDING OF FACT
The competent and probative evidence is at least in equipoise as to whether current sleep apnea had its onset during or is otherwise related to the Veteran’s period of service.
CONCLUSION OF LAW
The criteria for entitlement to service connection for sleep apnea have been met.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from April 1973 to April 1981.  
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2014 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).
Entitlement to service connection for sleep apnea.
After review of the record, the Board finds that the criteria for service connection for sleep apnea have been met.  
The record contains a competent diagnosis of obstructive sleep apnea.  03/13/2014, C&P Exam.  Accordingly, the Board finds competent evidence of a current disability.  
In April 2014, VA received statements from the Veteran’s spouse and two friends who served with him, all of whom stated that they observed the Veteran’s excessive snoring and cessation of breathing while sleeping during active service.  04/03/2014, Buddy Statement.  The Board finds such competent evidence support a finding of an in-service event.
In a November 2013 letter, Dr. C.K.S., a Board-certified sleep medicine specialist, opined that it is more likely than not that the Veteran’s sleep apnea had its onset during or is otherwise related to his period of service.  The specialist’s opinion is supported by review of in-service and post-service treatment records, the Veteran’s sleep history, proper consideration of the lay evidence, and expertise in sleep medicine.  11/27/2013, Medical-Non-Government.  
In March 2014, a VA examiner opined that it is less likely than not that the Veteran’s sleep apnea is related to his period of service.  03/13/2014, C&P Exam.  The Board assigns the March 2014 VA examiner’s opinion less probative weight, as the examiner did not address lay evidence of the occurrence of sleep apnea symptoms during and after service.  Accordingly, the Board finds that the competent and probative evidence is at least in equipoise as to whether the Veteran’s sleep apnea had its onset during or is otherwise related to his period of service.  
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In sum, the Board finds competent and probative evidence establishes all three service connection elements; therefore, service connection for sleep apnea is warranted.
 
Paul Sorisio
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J.A. Gelber, Associate Counsel