Citation Nr: 21075471 Decision Date: 12/20/21 Archive Date: 12/20/21 DOCKET NO. 19-05 379 DATE: December 20, 2021 ORDER Entitlement to service connection for obstructive sleep apnea (OSA) is granted. FINDING OF FACT OSA is attributable to service. CONCLUSION OF LAW The criteria for service connection for OSA are met. 38 U.S.C. §§ 1101, 1110, 1131; 38 C.F.R. §§ 3.303, 3.304, 3.306. REASONS AND BASES FOR FINDING AND CONCLUSION Service connection will be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 1153; 38 C.F.R. §§ 3.303, 3.304, 3.306. Service connection may also 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). Establishing service connection generally requires medical or, in certain circumstances, lay evidence of (1) a current disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a nexus between the claimed in-service disease or injury and the present disability. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Reasonable doubt concerning any matter material to the determination is resolved in the Veteran's favor. 38 U.S.C. § 5107 (b); 38 C.F.R. § 3.102. The Veteran served in the Army from November 1, 1976 to November 30, 1996. He testified at a Board hearing that he initially manifested OSA during service; however, that diagnosis was not really known at that time and his sleep issues and fatigue were attributed to his respiratory and sinus issues (currently service-connected) as well as his many job responsibilities and busy schedule. In 1981, his spouse began complaining about his snoring and interrupted sleep. More recently, he underwent sleep studies which showed OSA. He testified that he uses a CPAP and his submitted supporting medical evidence relating his OSA to service. Service treatment records (STRs) do not reflect OSA; however, his medical records historically show respiratory as well as sinus issues, as he indicated. In addition, per the Veteran's testimony which he credibly presented, there is current medical evidence from both VA and a private provider, both dated in June 2018 which attribute current OSA to service. The private examiner in particular provided detailed reasoning for the medical nexus discussing his inservice symptoms, lay evidence, post-service course, and relationship to his other disabilities. The examiner was aware of the Veteran's medical history, provided a fully articulated opinion, and also furnished a reasoned analysis. The Board therefore attaches significant probative value to this opinion, and the most probative value in this case, as it is well reasoned, detailed, consistent with other evidence of record including the VA opinion, and included a review of the Veteran's background. See Prejean v. West, 13 Vet. App. 444, 448-9 (2000) (Factors for assessing the probative value of a medical opinion include the thoroughness and detail of the opinion). Moreover, lay testimony is competent when it regards the readily observable features or symptoms of injury or illness and "may provide sufficient support for a claim of service connection." Layno v. Brown, 6 Vet. App. 465, 469 (1994); see also 38 C.F.R. § 3.159(a)(2). The Board then is within its province to weigh that testimony and make a credibility determination as to whether that evidence supports a finding of service connection. See Barr v. Nicholson, 21 Vet. App. 303, 310 (2007). In this case, the Board finds that the Veteran provided credible and competent evidence at his hearing regarding his history and onset of OSA symptoms dating from service. The medical opinions of record also support the Veteran's claim. Therefore, service connection for OSA is warranted. S. L. Kennedy Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Connolly 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.