Citation Nr: 21024887 Decision Date: 04/26/21 Archive Date: 04/26/21 DOCKET NO. 17-55 825 DATE: April 26, 2021 ORDER Entitlement to service connection for sleep apnea is granted. FINDING OF FACT Resolving all reasonable doubt in the Veteran’s favor, his sleep apnea is due to a disease or injury in service. CONCLUSION OF LAW The criteria for entitlement to service connection for sleep apnea have been met. 38 U.S.C. §§ 1131; 38 C.F.R. §§ 3.2, 3.303, 3.304. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Marine Corps from August 1975 to August 1978. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In February 2021, the Veteran testified at a Board videoconference hearing before the undersigned Veterans Law Judge. A transcript of the hearing is included in the claims file. Service Connection The Veteran is seeking entitlement to service connection for sleep apnea that he contends is due to his military service. Specifically, the Veteran contends that his sleep apnea started while stationed at Camp Lejeune and continued through the rest of his service, while at sea and stationed in Okinawa. See February 2021 Board Videoconference. 1. Entitlement to service connection for sleep apnea is granted. For the following reasons, entitlement to service connection for sleep apnea is granted. 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). A. Current Disability Turning to the first element of service connection, the Board finds that the Veteran has a current diagnosis of sleep apnea. See June 2018 VA Sleep Apnea Disabilities Benefits Questionnaire. Thus, the first element of service connection is met. B. In-Service Incurrence With respect to the second element of service connection, an in-service incurrence or aggravation of a disease or injury, the Veteran’s military personnel records are absent any complaints, treatment, or diagnosis of sleep apnea. However, the Board finds the Veteran competent to report on his symptoms of sleep apnea in service, and his statements to be credible. See Coburn v. Nicholson, 19 Vet. App. 427, 433 (2006). Given such, the second element of service connection has been satisfied. C. Nexus The last element of service connection is a causal relationship between the present disability, and the disease or injury incurred or aggravated during service. The Board finds that the March 2021 private opinion from Dr. G. H. supports a finding of service connection on a direct incurrence basis. See March 2021 Private Medical Opinion. Specifically, Dr. G. H. examined the Veteran in person and reviewed his claims file to include his service treatment records and post service treatment records. Dr. G. H. further opined “it is more likely than not the onset of his obstructive sleep apnea began while servi[ng] in the military and continue[s] to worsen to this present time.” See March 2021 Private Medical Opinion. There are no conflicting opinions of record. The appeal is granted. YVETTE R. WHITE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board David B. Scheirich, Associate 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.