Citation Nr: 21073937 Decision Date: 12/13/21 Archive Date: 12/13/21 DOCKET NO. 17-29 804 DATE: December 13, 2021 ORDER Service connection for obstructive sleep apnea (OSA) is granted. FINDING OF FACT The Veteran's OBSTRUCTIVE SLEEP APNEA had its onset in service. CONCLUSION OF LAW The criteria for service connection for OBSTRUCTIVE SLEEP APNEA have been met. 38 U.S.C. §§ 1110, 1154, 5107; 38 C.F.R. §§ 3.102, 3.310. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from October 1990 to March 1993 and March 1994 to September 1998. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2015 rating decision by the Waco, Texas Department of Veterans Affairs (VA) Regional Office (RO). In November 2021, the Veteran and his wife testified before the undersigned Veterans Law Judge at a Board hearing. Service Connection Entitlement to service connection for OBSTRUCTIVE SLEEP APNEA. Service connection may be established for a disability that is proximately due to or the result of a service-connected disability. 38 C.F.R. § 3.310(a). Further, a disability which is aggravated by a service-connected disability may be service-connected to the degree that the aggravation is shown. 38 C.F.R. § 3.310; El-Amin v. Shinseki, 26 Vet. App. 136 (2013); Allen v. Brown, 7 Vet. App. 439 (1995). The Veteran contends that obstructive sleep apnea is related to service. He stated that prior to active service, he never snored. But, after he broke his nose during service, he started snoring and it has been persistent over the years. The Veteran further stated that fellow servicemen told him he would stop breathing during sleep; the Veteran's wife since February 1991 also informed him of the same. See November 2021, Board hearing; June 2014, Correspondence. Initially, the Board notes that the Veteran has established service connection for PTSD. See December 2014, Rating decision. The evidence of record reflects a diagnosis of severe obstructive sleep apnea pursuant to a sleep study. October 2010, Private treatment record. In April 2021, a VA examiner conducted an in-person examination, reviewed the claims file, and noted Veteran's service-connected disabilities, to include PTSD, the Veteran's contentions that loud snoring began during service, and his current symptoms of daytime hypersomnolence, difficulty falling and remaining asleep, and apneic episodes. The VA examiner opined obstructive sleep apnea was at least as likely as not the direct result of the Veteran's service-connected PTSD due to his current severity of PTSD which, by proximity, warrants association with obstructive sleep apnea based on medical literature finding veterans with PTSD screen as high risk for obstructive sleep apnea. At the November 2021 Board hearing, the Veteran and his wife competently and credibly testified as to the onset of symptoms, e.g., wheezing and interrupted breathing while sleeping, that began during service and continued since that time and led to a diagnosis of obstructive sleep apnea. After review of the evidence of record, the Board finds that the evidence supports the findings that the Veteran's obstructive sleep apnea had its onset in service and alternatively, is related to his service-connected PTSD. Regardless of the theory, the evidence supports awarding service connection for obstructive sleep apnea. Thus, service connection for obstructive sleep apnea is warranted. STEVEN D. REISS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Straughn, Shavonne 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.