Citation Nr: 21010721
Decision Date: 02/25/21	Archive Date: 02/25/21

DOCKET NO. 18-46 991
DATE: February 25, 2021

ORDER

Entitlement to service connection for sleep apnea is granted.

FINDING OF FACT

The Veteran’s sleep apnea began during active service.

CONCLUSION OF LAW

Affording the Veteran the benefit of the doubt, the criteria for service connection for 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 1956 to November 1960 and from November 1961 to November 1977.

In February 2021, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge. This decision is being prepared under the Board’s “One Touch” hearing program; a copy of the transcript of that hearing will be added to the Veteran’s file in the normal course of business.

Entitlement to service connection for sleep apnea syndrome.

The Veteran contends that his currently diagnosed sleep apnea began during active service. He reports that he has had daytime sleepiness since the 1960s. His spouse, who was married to the Veteran during the Veteran’s period of active service, reported that the Veteran stopped breathing while sleeping during service.

The Board concludes that the Veteran has a current disability that began during active service. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a). 

The Veteran was afforded a VA examination in January 2016. The Veteran was diagnosed with obstructive sleep apnea. The Veteran reported that he was unsure when the condition began. However, the examiner did not provide an opinion regarding the etiology of the Veteran’s sleep apnea.

In a statement dated in March 2016 the Veteran reported that during his military service he suffered from sleep apnea syndrome and did not know that was the cause of many interrupted nights of sleep. He reported that he became aware of the sleep apnea when he returned from Vietnam. His wife informed him that numerous times during the night he would stop breathing for up to 5 seconds and that she would sometimes wake him. 

In a statement dated in July 2016 a private provider indicated that the Veteran had severe obstructive sleep apnea. He endorsed symptoms of apnea dating back to his period of service in Vietnam and his wife reported witnessing pauses in breathing during sleep dating back to 1968 just after his return from Vietnam. The provider stated that it was more likely than not that the Veteran had sleep apnea back in 1968. 

The Board finds the evidence to at least be in equipoise as to whether the Veteran’s current sleep apnea arose in service. The Veteran has competently and credibly reported that he had symptoms in service and his spouse reported that she observed the Veteran’s symptoms during his active service. In addition, a private provider has opined that the Veteran’s disability was present in service. Accordingly, the Board finds that service connection for sleep apnea is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102.

 

 

M.E. LARKIN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Robert J. Burriesci, 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.