Citation Nr: 20062763
Decision Date: 09/23/20	Archive Date: 09/23/20

DOCKET NO. 18-42 465
DATE: September 23, 2020

ORDER

Entitlement to service connection for obstructive sleep apnea (OSA) is granted.

FINDING OF FACT

The Veteran’s OSA was at least as likely as not the result of his active military service.

CONCLUSION OF LAW

The criteria for service connection for obstructive sleep apnea (OSA), have been met.  38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from July 1982 to July 1986.  This matter comes before the Board of Veterans’ Appeals (Board) from a June 2017 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

The Board is aware that the Veteran has requested a hearing.  In light of delays in hearings scheduling caused by COVID-19, the Board ordered a review of some of the oldest docket legacy cases in our hearing queue that may be fully granted with the evidence of record.  Based on the grant of the appeal, the Veteran’s request for a hearing is no longer necessary and will be cancelled.

Entitlement to service connection for OSA is granted.

Service connection will be granted for a disability resulting from disease or injury incurred in or aggravated by active service.  38 U.S.C. §§ 1110; 38 C.F.R. § 3.303.  Establishing service connection generally requires evidence of (1) a current disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a nexus between the claimed in-service disease or injury and the current disability.  Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004).

When there is an approximate balance of positive and negative evidence regarding any material issue, reasonable doubt will be resolved in favor of the claimant.  38 U.S.C. § 5107; 38 C.F.R. § 3.102.

In a June 2018 memorandum, private physician, C.N.B, M.D., opined that, after interviewing the Veteran and reviewing the Veteran’s claims file, there was at least a 90 percent probability that the Veteran’s OSA was caused by his in-service nose fracture.  In providing this opinion, Dr. C.N.B. discussed the Veteran’s service treatment records, medical records after service, and medical studies supporting his findings.

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The Board notes that a May 2017 VA examination report reflects the VA examiner’s opinion that the Veteran’s OSA was less likely than not caused or aggravated by the Veteran’s service-connected sinusitis or hypertension.  However, the May 2017 VA examination does not address whether the Veteran’s sleep apnea was caused by an in-service event, such as the Veteran’s in-service nose fracture.

Accordingly, the evidence is at least in equipoise as to whether the Veteran’s OSA was caused by his military service.  Accordingly, service connection for obstructive sleep apnea is warranted.

 

 

M. HYLAND

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Elias, Associate Counsel

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.