Citation Nr: 21042108
Decision Date: 07/12/21	Archive Date: 07/12/21

DOCKET NO. 17-15 317
DATE: July 12, 2021

ORDER

Service connection for obstructive sleep apnea (OSA) is granted.

FINDING OF FACT

The Veteran has been diagnosed with OSA; at his December 2020 Board hearing, the Veteran provided competent and credible testimony that, during service, he had numerous sleeping problems including his buddies teasing him that he was going to get them killed because he was snoring so loudly; he also testified that, within a year after service, his now-ex-wife told him that he was snoring and choking in his sleep severely enough that she could not sleep in the same room as him, his present wife also tells him that he snores loudly and chokes in his sleep; together, these reports establish that the observable symptoms of the subsequently-diagnosed sleep apnea began during service and have persisted since that time. The Board cannot assign significant probative weight to the September 2014 VA negative nexus opinion because it is based, at least in part, on generalizations instead of an assessment of this particular Veteran's situation and because it is not supported by an adequate rationale. 

CONCLUSION OF LAW

The criteria have been met for service connection for OSA. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304, 3.307. 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from October 1990 to May 1994. This matter is before the Board of Veterans' Appeals (Board) on appeal from a September 2014 rating decision by the Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ).

A December 2020 Board hearing was held before the undersigned. For the reasons outlined above, service connection for OSA is warranted. 

 

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Williams, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.