Citation Nr: 24006294 Decision Date: 02/06/24 Archive Date: 02/06/24 DOCKET NO. 18-28 521A DATE: February 6, 2024 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); 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from July 1967 to January 1971. This matter comes before the Board of Veterans' Appeals (Board) from a December 2016 rating decision by the Agency of Original Jurisdiction (AOJ). The Veteran asserts that his OSA is related to service. In a March 2015 statement, he indicated that each of his four wives had described snoring and cessation of breathing during sleep. See March 2015 VA Form 21-4138. 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). OSA was diagnosed on sleep study in September 2013. Severe OSA was assessed. A September 2015 statement by the Veteran's first wife, Y.S., indicated that she was married to the Veteran in 1968, and that she joined the Veteran at McChord Air Force Base while he was stationed there. She stated that the Veteran snored very loudly and that he experienced cessations in breathing. She indicated that these symptoms continued during their marriage. A former service colleague, formerly known as M.P., described his time being the Veteran's roommate during his time at McChord Air Force Base. He noted that the Veteran snored very loudly and interfered with his functioning and their friendship. Another former service colleague, E.F., indicated that when he visited the Veteran's room while at McChord Air Force Base, he observed loud snoring. He noted that among their crew, the Veteran's loud snoring was common knowledge. 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, his former wife, and two service colleagues have competently reported that the Veteran experienced symptoms of OSA during service. The Veteran reports ongoing symptoms. The post-service records include a 2013 sleep study documenting OSA. 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.