Citation Nr: 20021912 Decision Date: 03/27/20 Archive Date: 03/27/20 DOCKET NO. 18-52 884 DATE: March 27, 2020 ORDER Entitlement to service connection for sleep disordered breathing is granted. FINDING OF FACT The Veteran’s sleep disordered breathing had its onset during his military service. CONCLUSION OF LAW The criteria for entitlement to service connection for sleep disordered breathing have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the Navy from July 2009 to July 2014. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2016 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). Entitlement to service connection for sleep disordered breathing is granted. The Veteran seeks service connection for obstructive sleep apnea. The Board finds service connection is warranted for the sleeping disability for which he has received a diagnosis, sleep disordered breathing. Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated during active military service.  38 U.S.C. § 1110; 38 C.F.R. § 3.303 (a). Service connection may also be granted for any disability diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disability was incurred in service.  38 C.F.R. § 3.303 (d). In general, service connection may be granted for a disability or injury incurred in or aggravated by active military service.  38 U.S.C. § 1110; 38 C.F.R. § 3.303. To prevail on a direct service connection claim, there must be competent evidence of (1) a current disability, (2) an in-service incurrence or aggravation of a disease or injury, and (3) a nexus between the in-service disease or injury and the current disability. Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2009); 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). The claimant bears the burden of presenting and supporting a claim for benefits.  38 U.S.C. § 5107; Fagan v. Shinseki, 573 F.3d 1282, 1286-88 (Fed. Cir. 2009). In making determinations, VA is responsible for ascertaining whether the evidence supports the claim or is in relative equipoise, with the veteran prevailing in either event, or whether the preponderance of the evidence is against the claim, in which case the claim is denied. See 38 U.S.C. § 5107; 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49, 54 (1990). Turning now to the elements of service connection as they apply in this case, the Board finds that all three are met such that service connection for sleep disordered breathing should be awarded. First, there is evidence of a current disability. The Veteran submitted a December 2019 private sleep assessment which notes that the Veteran is diagnosed with sleep disordered breathing. Second, there is evidence that the Veteran’s sleep disordered breathing had its onset during service. This evidence comes from the Veteran’s own lay statements and service treatment records, as well as a buddy statement. The Veteran explained in an August 2016 statement that he sought treatment during service for poor sleep quality that has not improved since service. The Veteran’s service treatment records confirm that at the beginning of his service did not experience sleeping problems and that he eventually sought treatment for poor sleep quality on several occasions. In October 2010, during a visit for hypertension, the Veteran reported that he did not experience sleep disturbances. However, beginning in August 2013, the Veteran complained of trouble sleeping and waking during the night. In September 2013, the Veteran sought treatment for insomnia. In November 2013, it was noted that the Veteran had been prescribed a sleep aid. Further, the Veteran submitted a buddy statement which shows that while the Veteran visited during leave in November or December 2013, the Veteran’s buddy observed loud snoring and intermittent periods of holding his breath or no breath at all. The Board finds this evidence weighs in favor of finding that the Veteran’s sleep disordered breathing had its onset during service. Third, the medical evidence confirms that the Veteran’s sleep disordered breathing is related to service. The Veteran’s December 2019 private sleep assessment contains a positive nexus statement that the Veteran’s sleep disordered breathing at least as likely had its onset during service. The examiner notes a review of the Veteran’s service treatment records, private treatment records, and lay statements and explains that the record indicates the Veteran has been complaining of symptoms that have now been diagnosed as sleep disordered breathing since service. As the examiner supported her positive nexus opinion with data and a reasoned medical explanation connecting the two, the Board finds this opinion adequately establishes a nexus between the Veteran’s current sleep disordered breathing and his military service. (Continued on the next page)   As all three elements for entitlement to service connection have been satisfied, the Board finds that service connection for sleep disordered breathing is warranted. The appeal is granted. L. CHU Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board P.A. Infante The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.