Citation Nr: 21039825 Decision Date: 07/01/21 Archive Date: 07/01/21 DOCKET NO. 17-59 323 DATE: July 1, 2021 ORDER Service connection for obstructive sleep apnea (OSA) is granted. FINDING OF FACT The Veteran's OSA is related to service. CONCLUSION OF LAW The criteria to establish service connection for OSA have been met. 38 U.S.C. §§ 1110, 1111, 1131, 5107(b) (2012); 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from November 1988 to March 2005. This matter comes before the Board of Veterans' Appeals (Board) from a July 2014 rating decision by the Agency of Original Jurisdiction (AOJ). A Board hearing was held in May 2021. A transcript is of record. Entitlement to VA compensation may be granted for disability resulting from disease or injury incurred in or aggravated by active duty. 38 U.S.C. §§ 1110 (wartime service), 1131 (peacetime service); 38 C.F.R. § 3.303. To establish a right to compensation for a present disability, a Veteran must show: "(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"-the so-called "nexus" requirement. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection may be granted for any disease initially 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 Veteran seeks service connection for OSA. VA treatment records reflect that in September 2010, the Veteran reported poor quality sleep, snoring, gasping, and daytime sleepiness. On sleep study in December 2010, severe sleep disordered breathing was noted. The diagnosis was obstructive sleep apnea syndrome. In an April 2018 statement, the Veteran's former wife noted that they had been married from 1987 to 2008. She indicated that, during their marriage, she noticed several symptoms associated with sleep apnea as part of the Veteran's nightly sleep pattern throughout his military career. She specified that she witnessed loud, persistent snoring; choking and gasping; lack of energy with fatigue and difficulty with concentration during the day; and weight gain. She indicated that the Veteran's symptoms were present early in their marriage and continued throughout his military career. During his May 2021 hearing, the Veteran testified that he experienced symptoms of OSA during service. He indicated that his wife observed that he stopped breathing during sleep, and that she complained about his snoring. He noted that his sleep during service was not refreshing and that he felt tired during the day. He testified that he experienced these symptoms in the years following service. Having carefully reviewed the record, the Board has determined that service connection for the Veteran's OSA is warranted. In reaching this conclusion, the Board notes that the Veteran's former wife has competently reported that the Veteran experienced symptoms of OSA during service. The Veteran has testified that he experienced these same symptoms continuously in the years following separation from service. The post-service records reflect the Veteran's complaints of disrupted sleep, snoring, nighttime gasping, and fatigue. Considering the record as a whole, the Board concludes that the evidence is in approximate balance as to whether the Veteran's OSA is related to service. Accordingly, after resolving all doubt in favor of the Veteran, the Board finds that service connection for OSA is warranted. DONNIE R. HACHEY Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Barone, 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.