![]() She added that he was issued a CPAP machine in May 2009. She stated that she had spent many sleepless nights making sure that the Veteran was alright. She stated that they were not familiar with sleep apnea at the time, and as the years passed, the Veteran's condition worsened. In September 2009, the Veteran's spouse remarked that the Veteran had difficulty with his sleep since 1986. That evidence weighs neither for or against the claim. Therefore, the May 2014 VA examiner offered no opinion regarding a direct link between the Veteran's diagnosed sleep apnea and service. The examiner was unable to opine whether the Veteran had obstructive sleep apnea during service. The examiner further noted that the Veteran had a polysomnogram performed 16 years after separation from active service, but found no other helpful treatment records. The examiner stated that the service medical records were reviewed and were not helpful. The examiner did not see or interview the Veteran. In May 2014, a VA examiner reviewed the available records. Therefore, the question to be answered is whether that diagnosed obstructive sleep apnea was caused by or was present during active service. 247 (1999).Ī review of the evidence of record shows that the Veteran clearly had a diagnosis of obstructive sleep apnea, such as in an October 2008 private treatment record and May 2009 sleep study. In order to establish service connection for a claimed disability, there must be (1) medical evidence of a current disability (2) medical, or in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury and (3) evidence, generally medical, of a relationship between the claimed in-service disease or injury and the current disability. Service connection may be granted for disability caused by disease or injury incurred in or aggravated by active service. REASONS AND BASES FOR FINDINGS AND CONCLUSION The criteria for service connection for sleep apnea have been met. Resolving all reasonable doubt in favor of the Veteran, the evidence supports a finding that the Veteran had sleep apnea that was directly related to active service. However, the appellant is the Veteran's surviving spouse and has been accepted as the Veteran's substitute for purposes of processing this appeal to completion. ![]() In April 2014, the Board remanded the claim for additional development. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a March 2009 rating decision of the San Diego, California Regional Office (RO) of the Department of Veterans Affairs (VA). The Veteran had active service from March 1971 to October 1992. Decision Date: 08/31/17 Archive Date: 09/06/17ĭepartment of Veterans Affairs Regional Office in San Diego, CaliforniaĮntitlement to service connection for sleep apnea.
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