Citation Nr: 21003680 Decision Date: 01/22/21 Archive Date: 01/22/21 DOCKET NO. 17-14 947 DATE: January 22, 2021 ORDER Service connection for obstructive sleep apnea (OSA) is granted. FINDING OF FACT The Veteran’s OSA is related to active service. CONCLUSION OF LAW The criteria to establish service connection for OSA have been met. 38 U.S.C. §§ 1110, 1111, 1131, 5107(b) (2012); 38 C.F.R. §§ 3.102, 3.303 (2019). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from January 1979 to January 1983, February 2002 to March 2002, June 2004 to November 2005, and September 2010 to November 2011. This matter comes before the Board of Veterans’ Appeals (Board) from a June 2016 rating decision by the Agency of Original Jurisdiction (AOJ). A Board hearing was held in October 2019. A transcript is of record. The Veteran maintains that symptoms of OSA first began during his most recent period of active service. Entitlement to VA compensation may be granted for disability resulting from disease or injury incurred in or aggravated by active duty. 38 U.S.C. §§ 1110 (wartime service), 1131 (peacetime service); 38 C.F.R. § 3.303. To establish a right to compensation for a present disability, a Veteran must show: “(1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service”-the so-called “nexus” requirement. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection may be granted for any disease initially diagnosed after service, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). Service connection may be granted for any disease diagnosed after discharge, when all of the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). However, “[a] determination of service connection requires a finding of the existence of a current disability and a determination of a relationship between that disability and an injury or disease incurred in service.” Watson v. Brown, 4 Vet. App. 309, 314 (1993). On pre-deployment health assessment in September 2010 and October 2010, the Veteran denied current medical problems and indicated that he had no questions or concerns about his health. On both occasions, the provider indicated that no referrals were indicated. On post deployment health assessment in August 2011 and September 2011, the Veteran indicated that he had experienced problems sleeping or still feeling tired after sleeping. He denied having sought treatment, but noted that he was still bothered by these symptoms. He was referred to primary care. In August 2016, a service colleague, T.F., stated that he was deployed with the Veteran during 2010 and 2011, and that they were roommates. He indicated that during that time, the Veteran expressed that he was always tired and worn out. He noted that the Veteran complained of difficulty falling asleep. He described loud snoring. He related that he had known the Veteran since the 1990s and had deployed with him twice. He indicated that he had not observed him to have severe sleep issues until their 2010 deployment. A March 2017 report by C.C., M.D. notes the Veteran’s report of symptoms consistent with sleep apnea since 2011. Dr. C. indicated that sleep apnea had been recently confirmed on polysomnogram. The Veteran related a history of restless sleep, loud snoring, decreased concentration, morning headaches, and hypertension. He opined that is was more probable than not that the Veteran’s clinical symptoms of sleep apnea initiated during the course of active service, and had been confirmed diagnostically since discharge. Having carefully reviewed the record, the Board has determined that service connection for the Veteran’s OSA is warranted. In reaching this conclusion, the Board notes that Dr. C. provided a positive nexus opinion regarding the Veteran’s symptoms during service. At the time he was seen by Dr. C., he reported symptoms consistent with those described by T.F. in 2016. Dr. C. considered the Veteran’s report and concluded that the Veteran’s claimed OSA had its onset during service. (Continued on the next page)   As there is an informed opinion relating the Veteran’s OSA to service, service connection is granted. DONNIE R. HACHEY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Barone, 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.