Citation Nr: 21072161
Decision Date: 12/02/21	Archive Date: 12/02/21

DOCKET NO. 16-35 618
DATE: December 2, 2021

ORDER

Entitlement to service connection for obstructive sleep apnea is granted.  

FINDING OF FACT

Obstructive sleep apnea originated during active service.  

CONCLUSION OF LAW

The criteria for service connection for obstructive sleep apnea are met.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303.  

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from November 1985 to November 1989; from March 1997 to September 1997; and from March 1998 to September 1998.  

Service connection for Sleep Apnea.  

Service connection may be granted for recurrent disability arising from disease or injury incurred in or aggravated by active service.  38 U.S.C. §§ 1110, 1131.  Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service.  38 C.F.R. § 3.303(d).

A September 2014 Department of Veterans Affairs (VA) sleep study states that the Veteran was diagnosed with obstructive sleep apnea.    

The report of a March 2015 VA examination and a July 2015 addendum thereto state that the Veteran was diagnosed with obstructive sleep apnea.  The VA physician concluded that "I have reviewed virtual files, including new information documenting snoring during/soon after service, and recent exam;" "the Veteran has obstructive sleep apnea;" "he has snoring and witnessed apnea soon after service;" "obstructive sleep apnea is a chronic disease and it can be many years before it is diagnosed after symptoms begin;" and "thus, it is at least as likely as not that current obstructive sleep apnea is related to snoring/apnea during or soon after service."  

The Veteran has been diagnosed with obstructive sleep apnea on a VA sleep study.  A VA examiner has concluded that "it is at least as likely as not that current obstructive sleep apnea" was initially manifested during active service.  The evidence is in at least equipoise as to whether the diagnosed obstructive sleep apnea originated during active service.  Resolving all reasonable doubt in the Veteran's favor, the Board of Veterans' Appeals concludes that service connection for obstructive sleep apnea is warranted.  38 U.S.C. § 5107; 38 C.F.R. § 3.102.

 

 

J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	 A. Smith, 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.