Citation Nr: 21009336 Decision Date: 02/22/21 Archive Date: 02/22/21 DOCKET NO. 15-37 205 DATE: February 22, 2021 ORDER Entitlement to service connection for obstructive sleep apnea (OSA) is granted. FINDING OF FACT The Veteran’s OSA is etiologically related to his service-connected bronchial asthma. CONCLUSION OF LAW The criteria to establish service connection for OSA have been met. 38 U.S.C. §§ 1110, 1131, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.310. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from October 1971 to October 1991. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2014 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO), which denied the Veteran service connection for OSA. The Veteran requested a hearing before the Board. See October 2015 VA Form 9. However, in June 2017, the Veteran’s representative submitted a statement indicating that the Veteran wished to withdraw the hearing request. Accordingly, the Veteran’s hearing request is withdrawn. 38 C.F.R. § 20.702(d). In an April 2019 decision, the Board denied the claim. The Veteran appealed that denial to the Court of Appeals for Veterans Claims (Court). In April 2020, the Court granted a Joint Motion for Remand (JMR) filed by representatives for both parties and remanded it to the Board for further proceedings consistent with the JMR. The case has returned to the Board for further appellate proceedings. The Veteran contends that his OSA was caused by his service-connected bronchial asthma. A Veteran is entitled to VA disability compensation if there is a disability resulting from personal injury suffered or disease contracted in the line of duty in active service, or for aggravation of a preexisting injury suffered or disease contracted in the line of duty in active service. 38 U.S.C. §§ 1110, 1131. Under section 3.310(a) of VA regulations, service connection may be established on a secondary basis for a disability which is proximately due to or the result of service-connected disease or injury. 38 C.F.R. § 3.310(a). Establishing service connection on a secondary basis requires evidence sufficient to show: (1) a current disability; (2) a service-connected disability; and (3) a nexus between the current disability and the service-connected disability. See Wallin v. West, 11 Vet. App. 509, 512 (1988). As to the third Wallin element, the current disability may be either (a) proximately caused by or (b) proximately aggravated by a service-connected disability. Allen v. Brown, 7 Vet. App. 439, 448 (1995) (en banc). Service connection may also be granted for any disease diagnosed after discharge, when all of the evidence, including that pertinent to service, establishes that a disease was incurred in service. 38 C.F.R. § 3.303(d). The Veteran has OSA. See June 2014 disability benefits questionnaire. He is service connected for bronchial asthma. Thus, the first and second Wallin elements are met and the narrow issue before the Board is whether the Veteran’s bronchial asthma proximately caused or aggravated his OSA. In support of his claim, the Veteran submitted a private medical opinion by Dr. P.C. in February 2021. Dr. P.C. opined that the Veteran’s OSA was at least as likely as not caused by his service-connected bronchial asthma. See February 2021 private medical records. Dr. P.C. is a medical professional whose opinion was based on medical principles and literature, a review of the Veteran’s medical and service history, and a review of the lay statements from the Veteran and his spouse. Id. The Board finds Dr. P.C.’s opinion highly probative. Thus, the third Wallin element is met. Accordingly, the Board finds there is expert evidence of record establishing a link between the Veteran’s OSA and his service-connected bronchial asthma. Therefore, the criteria for service connection for OSA have been met. See 38 C.F.R. §§ 3.102, 3.159, 3.303; Gilbert v. Derwinski, 1 Vet. App. 9, 55-57 (1990). DONNIE R. HACHEY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Strickland 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.