Citation Nr: 21014981 Decision Date: 03/16/21 Archive Date: 03/16/21 DOCKET NO. 20-20 175 DATE: March 16, 2021 ORDER Entitlement to service connection for obstructive sleep apnea is granted. FINDING OF FACT The Veteran’s obstructive sleep apnea is related to the Veteran’s active service. CONCLUSION OF LAW The criteria for service connection for obstructive sleep apnea have been met. 38 U.S.C. § 1131 (West 2012); 38 C.F.R. § 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from January 1980 to January 1992. In March, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge. 1. Service Connection for Obstructive Sleep Apnea Legal Regulations and Principles Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303 (a). Establishing service connection generally requires medical or, in certain circumstances, lay evidence of (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a link between the claimed in-service disease or injury and the present disability. Romanowsky v. Shinseki, 26 Vet. App. 289, 293 (2013). Service connection may be granted for any disease initially diagnosed after service when all of the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303 (d). Analysis The Veteran seeks service connection for obstructive sleep apnea, which she relates to her service. With respect to the first element of service connection, a current disability, in a June 2015 Quality Diagnostics Sleep Center medical record, the examiner, after a sleep study, diagnosed the Veteran with obstructive sleep apnea. Thus, the first element of service connection is satisfied. With respect to the second element of service connection, in-service incurrence, several credible buddy statements document observation of the Veteran’s excessive and loud snoring, breathing disturbances during sleep, daytime drowsiness, all experienced during the Veteran’s service. See April 2016 buddy statement by D.B; March 2016 buddy statement by Veteran’s father; December 2015 buddy statement by D.P.; and March 2016 buddy statement from Veteran’s brother. Thus, the second element of service connection is satisfied. Therefore, the dispositive issue in this case is with respect to the third element, a causal relationship, i.e., nexus between the claimed in-service disease or injury and the current disability. The Board finds that the medical evidence of record is in equipoise as to whether the Veteran’s obstructive sleep apnea was incurred in or aggravated by active service. Here, in a September 2016 VA medical opinion, after reviewing the Veteran’s service treatment records, the Veteran’s medical history, and lay statements, the VA examiner opined that it is more likely than not that the Veteran’s obstructive sleep apnea incurred during service. The VA examiner noted the Veteran had multiple credible witness statements documenting the loud snoring, breathing pauses, and daytime sleepiness that occurred during her active duty. Given her current diagnosis, and her previous complaints along with the witness statements, which reflect supporting symptoms suggestive of sleep apnea while on active duty, the VA examiner concluded that the Veteran’s sleep apnea had its onset during service. Based on the foregoing, the Board finds that the September 2016 VA examiner’s medical opinion, which links the Veteran’s obstructive sleep apnea to her in-service symptoms, supports a finding that the Veteran’s obstructive sleep apnea is at least as likely as not related to the Veteran’s service. Thus, the third element of service connection is satisfied. The Board acknowledges, when considering all the evidence of record, some of it is favorable and some of it is unfavorable and thus in equipoise. A claim will be denied only if the preponderance of the evidence is against the claim. If the evidence for and against a claim is in equipoise, the claim will be granted. See 38 U.S.C. § 5107. Resolving reasonable doubt in the Veteran’s favor, entitlement to service connection for obstructive sleep apnea is warranted. (continued on the next page) YVETTE R. WHITE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Abdelbary, 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.