BVA Case 21-7855: Depression

On October 25,2021,the Board denied entitlement to disability compensation for a right hip condition,obstructive sleep apnea,and an acquired psychiatric condition and denied an initial compensable rating for bilateral hearing loss prior to July 21,2021,and in excess of 10% thereafter.

Law Establishing that a disability is service connected for purposes of entitlement to VA disability compensation generally requires medical or,in certain circumstances,lay evidence of (1)a current disability,(2)incurrence or aggravation of a disease or injury in service,and (3)a nexus between the claimed in-service injury or disease and the current disability.

Additionally,under certain circumstances,and as part of its duty to assist claimants,VA must provide a medical examination.

Whether the record establishes entitlement to service connection and whether a medical opinion is adequate are findings of fact,which the Court reviews under the clearly erroneous standard.

A finding of fact is clearly erroneous when the Court,after reviewing the entire evidence, is left with the definite and firm conviction that a mistake has been committed.

As with any material issue of fact or law,the Board must provide a statement of reasons or bases that is adequate to enable a claimant to understand the precise basis for the Board's decision,as well as to facilitate review in this Court.

e appellant's service records did not contain objective evidence of obstructive sleep apnea,and (3) failed to consider whether obstructive sleep apnea is related to his in-service sleep problems.

In the decision on appeal, the Board first acknowledged the appellant's assertion that he has a deviated nasal septum,which may have been caused by the in-service motor vehicle accident, and the Board found that the appellant has a current obstructive sleep apnea disability.