Citation Nr: 21025613 Decision Date: 04/28/21 Archive Date: 04/28/21 DOCKET NO. 14-42 756 DATE: April 28, 2021 ORDER Entitlement to service connection for obstructive sleep apnea is granted. FINDING OF FACT Obstructive sleep apnea originated during active service. CONCLUSION OF LAW The criteria for service connection for obstructive 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 1996 to June 2001. The Veteran appeared at a June 2018 videoconference hearing before the undersigned Veterans Law Judge. The hearing transcript is of record. Service Connection for Obstructive Sleep Apnea Service connection may be established for disability arising from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a). Service connection may be established for any disease diagnosed after service, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). The service medical records do not refer to obstructive sleep apnea. An August 2007 sleep study from Sumner Regional Medical Center states that the Veteran was diagnosed with obstructive sleep apnea. At the June 2018 Board hearing, the Veteran testified that his neck size went from 15.5 inches to 19.5 inches as the result of his exercise regimen during active service. He stated that he began to snore and to have other sleep apnea symptoms during active service. The Veteran’s wife testified that the Veteran snored and stopped breathing while sleeping during the latter part of his active service. A January 2020 VA sleep evaluation shows that the treating VA sleep neurologist opined that “I feel it is due to a combination of neck circumference and weight;” “he reports while in the military the exercise routine that he went through after an injury caused a several inch increase in neck circumference;” and “a neck circumference of at least 17 inches in men increases sleep apnea risk, thus I believe that it is more likely than not that his increases in neck size while in the military contributed to his incidence of sleep apnea.” The Board finds that the evidence is in at least equipoise as to whether the diagnosed obstructive sleep apnea arose during active service. The Veteran reported experiencing an increased neck size due to the exercise regimen in service and sleep apnea symptoms during active service; his wife reported that the Veteran snored and stopped breathing while sleeping during active service; he has been diagnosed with obstructive sleep apnea on a post service private sleep study; and a VA sleep neurologist has concluded that the reported in service increased neck size “contributed to his incidence of sleep apnea.” The evidence is in at least equipoise as to whether the diagnosed obstructive sleep apnea originated during active service. Resolving all reasonable doubt in the Veteran’s favor, the Board concludes that service connection is warranted for obstructive sleep apnea. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. Harvey P. Roberts Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. T. Hutcheson, 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.