Citation Nr: 21066523
Decision Date: 11/01/21	Archive Date: 11/01/21

DOCKET NO. 16-13 542
DATE: November 1, 2021

ORDER

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

FINDING OF FACT

The Veteran's OSA is related to 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.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from October 1988 to August 1990.  

This matter comes before the Board of Veterans' Appeals (Board) from a May 2015 rating decision by the Agency of Original Jurisdiction (AOJ).  

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).

The Veteran seeks service connection for OSA.  Service treatment records reflect that the Veteran complained in April 1989 of impaired sleep for two weeks.  He denied physical ailments.  Exogenous obesity was noted in July 1990.  The Veteran reported trouble sleeping on separation examination in July 1990.

Sleep apnea was diagnosed on sleep study in April 2015.  

In May 2015, the Veteran stated that he had difficulty sleeping during service.  He indicated that even when he could sleep, he was tired the next morning.  He noted a long history recurring awakening, loud snoring, morning headaches, weight gain, irritability, memory loss, and lack of concentration.  He indicated that it was not until he reported his symptoms to his VA provider that he realized that his symptoms were related to sleep apnea.  

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 the Veteran has competently reported that he experienced symptoms of OSA during service, and continuously in the years following separation from service.  Service records reflect complaints of trouble sleeping.    Considering the record as a whole, the Board concludes that the evidence is in approximate balance as to whether the Veteran's OSA is related to service.  Accordingly, after resolving all doubt in favor of the Veteran, the Board finds that service connection for OSA is warranted.  

 

 

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.