Citation Nr: 22015277 Decision Date: 03/16/22 Archive Date: 03/16/22 DOCKET NO. 17-47 210 DATE: March 16, 2022 ORDER Entitlement to service connection for obstructive sleep apnea is granted. FINDING OF FACT Obstructive sleep apnea originated during active service. CONCLUSION OF LAW The criteria for entitlement to service connection for obstructive sleep apnea have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from December 1975 to October 1996. Service Connection for Obstructive Sleep Apnea Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated during service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). An April 2011 treatment record from Reynolds Army Community Hospital states that the Veteran was diagnosed with sleep apnea following a sleep study. A January 2017 written statement from the Veteran's wife reports that "a few years after they were married, about 1982, he began snoring pretty bad, but she could still tolerate the sleeping in the same room" and "occasionally he would stop breathing and then resume snoring." A January 2018 written statement from B. Swain, APRN, CNP. indicates that the Veteran was initially diagnosed with obstructive sleep apnea by a 2008 sleep study. Ms. Swain commented that: "[the Veteran] reports that his wife has told him that he has been snoring since the mid 1980's;" "she witnessed episodes of pauses in his breathing during sleep;" "from [the Veteran's] medical history and physical examination, his obstructive sleep apnea is long standing;" and "the obstructive sleep apnea was more likely than not present during the time of military service." (Continued on the next page) The report of a February 2020 sleep apnea examination conducted for VA conveys that: "the Veteran's subjective reports of snoring during service could be due to several medical conditions, including obstructive sleep apnea." The Veteran asserts that the diagnosed obstructive sleep apnea was initially manifested during active service. The Veteran's spouse has reported that he snored and had apneic episodes during active service. Obstructive sleep apnea was diagnosed by a March 2008 sleep study. A VA examiner opined that the Veteran's reported in service snoring could have been related to obstructive sleep apnea. The Veteran's treating sleep apnea care provider concluded that the obstructive sleep apnea originated during active service. The evidence is in at least equipoise as to whether the diagnosed obstructive sleep apnea originated during active service. Upon resolution of all reasonable doubt in the Veteran's favor, the Board of Veterans' Appeals finds that service connection for obstructive sleep apnea is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. J. T. HUTCHESON Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Emily A. Kotroco 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.