Citation Nr: 21021048 Decision Date: 04/09/21 Archive Date: 04/09/21 DOCKET NO. 19-32 574A DATE: April 9, 2021 ORDER Service connection for sleep apnea is granted.   FINDING OF FACT The Veteran’s sleep apnea had its onset during service. CONCLUSION OF LAW The criteria for service connection for sleep apnea have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from May 2011 to November 2012 and from September 2016 to March 2017. The case is on appeal from a May 2018 rating decision. In April 2021, the Veteran testified at a Board hearing. The Board notes that the Veteran filed an notice of disagreement (NOD) in regard to the sleep apnea claim as well as service connection for back and cervical spine conditions in August 2018. Subsequently, in a December 2019 rating decision, the RO granted service connection for a cervical spine disability, effective March 9, 2017. In addition, the RO issued a statement of the case (SOC) for the back claim. The Veteran has not filed a VA Form 9 to appeal the back claim to the Board. Therefore, service connection for sleep apnea is the only issue on appeal. 38 C.F.R. § 19.26. Service connection for sleep apnea. Legal Criteria Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. See 38 U.S.C. § 1110; 38 C.F.R. § 3.303. A veteran seeking compensation under these provisions must establish three elements: “(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.” Saunders v. Wilkie, 886 F.3d 1356, 1361 (Fed. Cir. 2018) (quoting Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004)). Analysis The Veteran contends that his sleep apnea had its onset during service. In an August 2018 correspondence, the Veteran reported experiencing respiratory symptoms due to exposure to burn pits during service in Afghanistan. In another August 2018 correspondence, he reported experiencing the onset of difficulty staying asleep and obtaining restful sleep during service in Afghanistan. He also reported being diagnosed with sleep apnea after discharge in March 2018. In another August 2018 correspondence, the Veteran reported being told he snored loudly during such service. The Veteran’s service personnel records show that he was deployed to Afghanistan from September 2016 to March 2017. In an undated service treatment record, the Veteran reported experiencing unrestful and inadequate sleep in the past 30 days. His post-service VA treatment records show that he was diagnosed with sleep apnea pursuant to a home sleep testing. The treatment record notes symptoms of snoring, fatigue, and observed apneas. The Veteran was afforded an examination in regard to this claim in April 2018. The examiner stated that the Veteran experienced the onset of loud snoring and awakening during sleep in 2015. The examiner reported a diagnosis of obstructive sleep apnea in 2018. The examiner did not provide a nexus opinion. In April 2021, the Veteran testified at a Board hearing. He denied experiencing sleep apnea symptoms prior to being deployed to Afghanistan in 2016. He also reported experiencing poor sleeping patterns and fatigue during such service. The Board finds that the evidence is at least in equipoise as to whether the Veteran’s sleep apnea had its onset during the period of active duty service from September 2016 to March 2017. The Veteran competently and credibly reported experiencing the onset of sleep symptoms like snoring, difficulty staying asleep, and obtaining restful sleep during such service. He also reported experiencing respiratory symptoms due to exposure to burn pits while serving in Afghanistan. In addition, no sleep symptoms were noted or reported prior to the Veteran’s deployment to Afghanistan, he was diagnosed with sleep apnea shortly after returning home, and there is no indication of an intercurrent cause of sleep apnea between his discharge and the diagnosis. While the examiner stated that he experienced the onset of relevant symptoms prior to 2016, the Veteran disputes this account. The examiner did not offer an opinion as to whether the condition had its onset during service or is otherwise related to service. Therefore, resolving reasonable doubt in the Veteran’s favor, the Board finds that his sleep apnea had its onset during service. See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. Accordingly, service connection for sleep apnea is warranted. RYAN T. KESSEL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Jimerfield 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.