Citation Nr: 21075287 Decision Date: 12/20/21 Archive Date: 12/20/21 DOCKET NO. 18-53 118 DATE: December 20, 2021 ORDER Entitlement to service connection for an acquired psychiatric disability is granted. Service connection for a respiratory disability, to include pulmonary fibrosis and chronic obstructive pulmonary disease (COPD), is granted. Service connection for hypertension is granted. Service connection for obstructive sleep apnea (OSA) is granted. Service connection for a hiatal hernia is granted. FINDINGS OF FACT 1. Affording the Veteran any benefit of the doubt, his acquired psychiatric disability is etiologically related to active service. 2. Affording the Veteran any benefit of the doubt, his respiratory disability is etiologically related to active service. 3. Affording the Veteran any benefit of the doubt, his hypertension is etiologically related to active service. 4. Affording the Veteran any benefit of the doubt, his OSA is etiologically related to active service. 5. Affording the Veteran any benefit of the doubt, his hiatal hernia is etiologically related to active service. CONCLUSIONS OF LAW 1. The criteria for service connection for an acquired psychiatric disability are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 2. The criteria for service connection for a respiratory disability are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 3. The criteria for service connection for hypertension are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 4. The criteria for service connection for OSA are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 5. The criteria for service connection for a hiatal hernia are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from September 1974 to September 1978. During the current appeal, and specifically in June 2021, he testified at a hearing before the undersigned Veterans Law Judge (VLJ). Service Connection Acquired Psychiatric Disability; Respiratory Disability, to include Pulmonary Fibrosis and COPD; Hypertension; OSA; and Hiatal Hernia Service connection will be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred in or aggravated by active military service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. Service connection requires competent evidence showing: (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. Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004). A layperson is competent to report on the onset and continuity of his or her current symptomatology. Layno v. Brown, 6 Vet. App. 465, 470 (1994) (a veteran is competent to report on that of which he or she has personal knowledge). In the current appeal, the Veteran's medical records reveal that he has current diagnoses for all appealed disabilities. Regarding an acquired psychiatric disability, his VA treatment records show he has been treated for depression and anxiety and has continued to take medications for such conditions throughout the period on appeal. All other disabilities appealed are diagnosed in medical records as claimed, above, including respiratory disabilities of COPD and pulmonary fibrosis. As such, the current disability prongs of these claim are met, and the remaining issue is whether the current disabilities can be related to any in-service event or whether they onset therein. In this regard, the Veteran testified at the June 2021 Board of Veterans' Appeals (Board) hearing that he experienced, and has continued to experience, symptoms of all current disabilities on appeal in active service and since that time. He also testified that none of the symptoms existed prior to his entry into active service. The Board finds the Veteran's competent lay reports as to the onset of his symptoms to be credible, as there is no reason to doubt his consistent, competent statements regarding their onset. Further, his testimony alone is sufficient to establish the in-service onset for his acquired psychiatric disability; respiratory disability; hypertension; OSA; and hiatal hernia. The Board acknowledges that the Veteran has not been afforded VA examinations to determine the etiologies of any of these disabilities. Thus, there are no VA etiological opinions which contradict a finding that these conditions onset in service. Also, his medical treatment records do not contain any other persuasive medical opinions which challenge his reported onset of symptoms. Thus, his statements are not contradicted by any competent medical evidence of record. In light of the above, and in affording any benefit of the doubt to the Veteran, the weight of the evidence supports a finding that symptoms of Veteran's acquired psychiatric disability, respiratory disability, hypertension, OSA, and hiatal hernia symptoms onset in service and have continued since then. Accordingly, service connection for an acquired psychiatric disability; a respiratory disability, hypertension; OSA; and a hiatal hernia is warranted, as they are current disabilities that onset in active service. The Board acknowledges that, at the June 2021 Board hearing, the Veteran also requested his claim for service connection for OSA to be considered as secondary to the now service-connected hypertension and psychiatric disabilities. However, as the Board is granting service connection for his OSA on a direct basis, which is the greater benefit when compared to the claim for secondary service connection for the same disability, the Board need not discuss the secondary service connection aspect of this appeal. Overall, the evidence supports service connection on a direct basis for the Veteran's OSA, as it is a current disability which was onset during his active service. THERESA M. CATINO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Davidoski, 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.