Citation Nr: 21070878 Decision Date: 11/26/21 Archive Date: 11/26/21 DOCKET NO. 11-00 260 DATE: November 26, 2021 ORDER Entitlement to service connection for sleep apnea is granted. FINDING OF FACT The evidence of record is at least in equipoise that the Veteran's sleep apnea was incurred in service. CONCLUSION OF LAW The criteria for service connection for sleep apnea 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 on active duty from February 1969 to February 1971. This appeal to the Board of Veterans' Appeals (Board) arose from a February 2010 rating decision issued by the Department of Veterans Affairs (VA). The Veteran's claim was remanded in March 2014, June 2017, September 2020, and February 2021 for further development of the evidence. The Veteran testified before the undersigned Veterans Law Judge in a September 2016 hearing. His ex-spouse, T B, also testified. Service connection for sleep apnea is granted The Veteran contends that his sleep apnea began during his period of service while in the Republic of Vietnam and has persisted ever since. To prevail on a direct service connection claim, there must be competent evidence of (1) a current disability, (2) 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, 1131; 38 C.F.R. § 3.303 (a). The question for the Board is whether the Veteran's current diagnosis of sleep apnea either began during service or is etiologically related to an in-service disease or injury. In this case, the Board finds that the credible evidence is at least in equipoise that the Veteran's sleep apnea began during service and that service connection should be awarded. The Veteran's post-service VA treatment records show that sleep apnea was diagnosed in February 2013. At the September 2016 Board hearing the Veteran's ex-spouse testified the Veteran's snoring was atrocious when he returned from Vietnam, whereas she had never noticed it before. She would have to leave the room, and the Veteran would wake up tired. She testified she noticed him gasping for air while he slept. She stated he never went to a doctor for many years because they did not have insurance and they were not the type to complain. Laypersons are competent to testify to matters of which they have firsthand knowledge (i.e., snoring, gasping for air, tiredness). Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007). Therefore, the Veteran's ex-spouse's lay statements are competent credible evidence of symptomatology beginning in-service and continuing since. Although there is no positive opinion of record, the Veteran is diagnosed with obstructive sleep apnea, had complaints of sleep disturbances since service, and there is competent and credible testimony indicating ongoing sleep apnea problems since service. As such, all reasonable doubt is resolved in the Veteran's favor, and service connection for sleep apnea is granted. See 38 U.S.C. § 5107 (b); 38 C.F.R. § 3.102. R. FEINBERG Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. St. Laurent, 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.