Citation Nr: 18158010
Decision Date: 12/14/18	Archive Date: 12/13/18

DOCKET NO. 14-07 191
DATE:	December 14, 2018
ORDER
The issue of entitlement to service connection for sleep apnea is granted.
FINDING OF FACT
Resolving reasonable doubt in the Veteran’s favor, his sleep apnea began during active service.
CONCLUSION OF LAW
The criteria for service connection for sleep apnea are met.  38 U.S.C. §§ 1111, 1131, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from August 1983 to May 1987.
The Veteran remanded the issue on appeal in January 2018.  It is now before the Board for final appellate consideration.  

The Veteran contends that he had symptoms of sleep apnea during active duty, such as snoring and breathing problems during sleep.  He did not realize that his symptoms were the result of a medical condition at that time because he did not know about sleep apnea as it was not a commonly diagnosed condition.  When he found out about sleep apnea, he told his doctor about his symptoms and was diagnosed with sleep apnea after testing.  Since his military service, he continued to have symptoms of sleep apnea.  
The Board concludes that the Veteran has a current diagnosis of sleep apnea that began during active service.  38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a).
A February 2009 private evaluation report and a June 2018 VA sleep apnea DBQ show the Veteran has a current diagnosis of sleep apnea.  
In November 2011 correspondence, the Veteran's wife stated that since meeting him in June 1985 she had witnessed him snore very loudly and struggle to catch his breath while still sleeping.  He often complained that he had trouble staying awake during the daytime, stating that he did not receive enough sleep at night.  She had witnessed him snore, have breathing troubles at night and experience daytime sleepiness from 1985, while he was on active duty, until the present.  
The Board finds that the testimony provided by the Veteran and his wife as to his observable symptoms during and since active duty is competent.  The Board finds that their testimony is also credible.  In this regard, the Board finds it significant that while the Veteran's service treatment records are negative for any complaints, symptoms, findings or diagnoses related to sleep apnea or trouble sleeping, they are also negative for any denial by the Veteran of any complaints or symptoms related to sleep apnea or trouble sleeping.
A June 2018 VA Medical Opinion relates that it was less likely than not that the Veteran's obstructive sleep apnea had its onset in service or was otherwise related to his active duty.  The basis of the negative opinion is the lack of complaints in the Veteran's service records.  The examiner noted the letter from the Veteran’s wife describing sleep-related symptoms, but did not appear to give any weight to the competent statements of the Veteran and is wife. Dalton v. Nicholson, 21 Vet. App. 23 (2007).  
Overall, the Board finds that the evidence for and against service connection for sleep apnea is in relative equipoise.  Resolving reasonable doubt in the Veteran's favor, the Board finds that the Veteran's sleep apnea began during active duty.  38 U.S.C. § 5107; 38 C.F.R. §§ 3.102, 3.303(a), (d).
 
M.E. Larkin
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. Davitian, Counsel