Citation Nr: 22010553
Decision Date: 02/24/22	Archive Date: 02/23/22

DOCKET NO. 19-22 743
DATE: February 24, 2022

ORDER

Entitlement to service connection for obstructive sleep apnea (OSA) is granted.

FINDINGS OF FACT

1.  The Veteran served on active duty in the United States Army from June 2002 to April 2005.

2.  An October 2010 rating decision denied entitlement to service connection for OSA; although the Veteran did not appeal this decision and new and material evidence was not received within one year of notice of its issuance, additional relevant service department records that existed and had not been associated with the claims file when VA first decided the claim in October 2010 were received in June 2017 and March 2018. 

3. The Veteran's OSA was initially diagnosed in service based on a sleep study performed in 2005. 

4. The Veteran has a current diagnosis of OSA. 

5. The March and June 2018 VA nexus opinions against the claim are inadequate, as they are based on an inaccurate factual premise (that no sleep study was performed during service).

CONCLUSIONS OF LAW

1. Reconsideration of the claim of entitlement to service connection for OSA is warranted.  38 C.F.R. § 3.156(c). 

2.  The criteria for entitlement to service connection for OSA are met.  38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). 

 

 

S. BUSH

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.