Citation Nr: 21040116 Decision Date: 07/02/21 Archive Date: 07/02/21 DOCKET NO. 17-44 328 DATE: July 2, 2021 ORDER Service connection for sleep apnea is granted. FINDING OF FACT The Veteran's sleep apnea is at least as likely as not related to active service. CONCLUSION OF LAW Resolving reasonable doubt in the Veteran's favor, the criteria for service connection for sleep apnea are 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 June 1994 to June 1998 in the U.S. Navy. This matter comes before the Board of Veterans' Appeals (Board) from a March 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Waco, Texas. The Veteran testified before the undersigned Veterans Law Judge at a Board hearing in April 2021. The Veteran contends that his sleep apnea is directly related to active service. Alternatively, the Veteran contends that his sleep apnea is related to his service-connected posttraumatic stress disorder (PTSD). Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. The Veteran has a current disability. He sought treatment for sleep apnea in May 2015. The Veteran was diagnosed with sleep apnea after a sleep study in December 2015 and has been continuously seeking since. See VA Treatment Records received January 2016; see also March 2021 Medical Treatment Record. The record establishes evidence of an in-service incurrence of sleep apnea. The Veteran competently and credibly testified during the April 2021 Board hearing that he first started experiencing symptoms of sleep apnea during military service. The Veteran also testified that his bunkmates, shipmates, and parents told him that he snored during service. In January 2018, the Veteran's parents stated that the Veteran stayed with them right after he was discharged from the military. During this time, his parents noticed that when the Veteran would sleep, he would snore loudly and there were times when he would wake up choking and gasping for breath. They also stated that the Veteran did not have these symptoms prior to service. In support of the claim, a fellow servicemember stated that during service the Veteran snored loudly more and more and would wake up because he was choking. See January 2018 Correspondence. Additionally, the Veteran has continuously stated throughout the period on appeal that he had trouble sleeping during service. See e.g. February 2015 Statement in Support of Claim. The Veteran's service treatment records also show that he gained 37 pounds between entrance and separation from the military. Regarding nexus, in March 2021, the Veteran's private treating physician opined that the Veteran's sleep apnea is related to his anatomy and weight gain during military service. Based on the foregoing, the Board finds that the Veteran's sleep apnea is at least as likely as not related to active military service. Resolving reasonable doubt in the Veteran's favor, service connection for sleep apnea is granted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49 (1990). As the Board has granted the Veteran's claim on a direct basis, the Board need not reach the Veteran's alternative theory of entitlement. JOHN Z. JONES Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Kernen, 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.