Citation Nr: 21027617 Decision Date: 05/06/21 Archive Date: 05/06/21 DOCKET NO. 17-37 436 DATE: May 6, 2021 ORDER Service connection for obstructive sleep apnea (OSA) is granted. FINDING OF FACT The weight of the evidence shows that the Veteran's OSA is secondary to his service-connected deviated septum. CONCLUSION OF LAW The criteria for service connection for OSA have been met. 38 U.S.C. § 1110; 38 C.F.R. §§ 3.303, 3.310(a). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the U.S. Army from August 2006 to August 2009. The matter is on appeal before the Board from a March 2014 rating decision. The Veteran provided testimony at a Board hearing before the undersigned Veterans Law Judge in May 2021. A transcript of the hearing is not yet of record; however, it shall be provided in due course, and given the grant of benefits sought, the Veteran is not prejudiced by its absence. Service Connection OSA Applicable Law Service connection will be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred in or aggravated by active military service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. Service connection requires competent evidence showing: (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. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection may also be established on a secondary basis for a disability which is proximately due to, or the result of, a service-connected disability. 38 C.F.R. § 3.310(a). Secondary service connection may also be established for a disability which is aggravated by a service-connected disability. In order to prevail on the issue of secondary service connection, the record must show (1) evidence of a current disability; (2) evidence of a service-connected disability; and (3) medical nexus evidence establishing a connection between the service-connected disability and the current disability. Wallin v. West, 11 Vet. App. 509 (1998). Analysis The Veteran asserts that he has OSA that is related to his active military service and is secondary to his service-connected deviated septum. At the May 2021 Board hearing, the Veteran reported that he was in a Humvee accident while he was in the service. He relayed being driven into a ditch, causing him to fall face down into a wooden seat with sufficient velocity to break the seat. Compounding the problem, another soldier fell on top of him. Due to this accident he ended up with a deviated septum. He explained that after the accident, he began having trouble sleeping and snoring. The Veteran's testimony was highly credible, he is service connected for the deviated septum, and his account of the accident was corroborated by a buddy statement. The Veteran's service treatment records (STRs) further confirm the Humvee accident while on active service, and they also reflect a notation of a deviated septum on his separation examination. A review of the Veteran's VA treatment records reflects that the Veteran underwent a sleep study in October 2017, which provided a diagnosis of OSA. Thus, the Veteran has a current disability. In a June 2017 VA examination report in relation to his deviated septum, the examiner observed that the functional impact of the deviated septum was the Veteran's inability sleep/get a good night's rest due to feeling he is unable to breathe through his nose. Additionally, at an October 2020 VA examination in relation to the Veteran's chronic sinusitis with deviated septum, it was noted under medical history, that the Veteran utilizes a CPAP machine because he has OSA that is due to the deviated septum. Between the Veteran's credible testimony, the findings in his VA nasal examinations, and by granting him the benefit of the doubt, a link between his service-connected deviated septum and his OSA is established. Accordingly, service connection for OSA is granted. MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Lutgens-Staley, 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.