Citation Nr: 21003410
Decision Date: 01/21/21	Archive Date: 01/21/21

DOCKET NO. 17-26 368
DATE: January 21, 2021

ORDER

Service connection for obstructive sleep apnea (OSA) is granted.

FINDING OF FACT

The Veteran has OSA confirmed by an October 2014 sleep study and has presented competent and credible lay evidence from himself, his wife, and fellow soldiers indicating (1) he first began having issues with snoring and breathing difficulties while sleeping during active service in 1996 and (2) that those same issues have persisted ever since. A negative April 2017 VA opinion is not probative because it did not adequately consider the Veteran’s lay assertions then of record and did not have the opportunity to consider additional lay evidence submitted thereafter. Moreover, the Veteran presented and read aloud a private medical opinion at his hearing before the undersigned that included a detailed review of the pertinent medical history and lay evidence and concluded that “[i]t is likely that the snoring and breathing problems, noted in the aforementioned statements that began during service, were symptoms of obstructive sleep apnea that were undiagnosed and that continued to the present day.” Consequently, the Board finds the probative evidence of record is at least evenly balanced for and against (in “relative equipoise”) a finding that OSA began in service and persisted.

CONCLUSION OF LAW

The criteria for service connection for OSA are met. 38 U.S.C. §§ 1110, 5107(b) (2018); 38 C.F.R. §§ 3.102, 3.303(b) (2019).

REASONS AND BASES FOR FINDING AND CONCLUSION

The appellant is a Veteran who served on active duty from April 1994 to August 2001, February 2003 to May 2003, and August 2006 to October 2006. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a July 2015 rating decision appealed in a timely January 2016 notice of disagreement (NOD) and perfected by a timely May 2017 substantive appeal in response to an April 2017 statement of the case (SOC). In December 2020, a hearing was held before the undersigned and a transcript is of record. For the reasons outlined in detail above, the Board grants the appeal in full, obviating any need for further detailed discussion thereof at this time.

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Yuan, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.