Citation Nr: 18139859 Decision Date: 10/01/18 Archive Date: 10/01/18 DOCKET NO. 16-25 410 DATE: October 1, 2018 ORDER Entitlement to service connection for sleep apnea is denied. Entitlement to service connection for depression is denied. REMANDED Entitlement to service connection for hypertension is remanded. FINDINGS OF FACT 1. The preponderance of the evidence is against finding that the Veteran has sleep apnea due to a disease, injury or event in service. 2. The preponderance of the evidence is against finding that the Veteran has depression due to a disease, injury or event in service. CONCLUSIONS OF LAW 1. The criteria for service connection for sleep apnea are not met. 38 U.S.C. §§ 1110, 1111, 1131, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). 2. The criteria for service connection for depression are not met. 38 U.S.C. §§ 1110, 1111, 1131, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from October 1968 to August 1979. Service Connection The Veteran claims entitlement to service connection for sleep apnea and depression. 1. Entitlement to service connection for sleep apnea and depression Service connection will be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred in or aggravated by active service, even if the disability was initially diagnosed after service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. The Board finds that the most pertinent evidence in the claims file as to these two claims consists of the Veteran’s service treatment records (STRs), his private treatment records, and his VA treatment records. His STRs do not show any complaints of sleep apnea, depression or their symptoms nor any evaluations or treatment for either condition during his active military service. Neither his private treatment records nor his VA treatment records indicate that he has sleep apnea or depression that was incurred during his active military service or as a proximate result of any in-service injury, disease or event. Finally, the Veteran has not specifically contended that either of these claimed conditions was incurred during, caused by or is otherwise related to his active military service. Even assuming such implication from the claims, the Veteran has not been shown to possess the training or credentials to provide a competent medical opinion as to a disability first manifest years after service. Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007). Thus, the Board finds that there is no evidence (whether lay or medical) of any nexus between the Veteran’s claimed sleep apnea or depression and his active military service or any in-service injury, disease or event. The Board acknowledges that under certain circumstances, the Department of Veterans Affairs (VA) must obtain a medical examination as part of its duty to assist claimants. However, because there is no evidence here of a nexus (i.e., a causal connection) between any event, injury or disease during the Veteran’s active military service and his claimed sleep apnea or depression, VA is not required to provide such an examination in this instance. See Wells v. Principi, 326 F.3d 1381, 1384 (Fed. Cir. 2003); 38 C.F.R. § 3.159(c)(4). The Veteran’s claims of entitlement to service connection for sleep apnea and depression are accordingly denied. REASONS FOR REMAND 1. Entitlement to service connection for hypertension is remanded. The Veteran’s military personnel records reflect that he had periods of active duty for training (ACDUTRA) after his discharge from active duty. His STRs reflect that he was noted to have had high blood pressure, at one or more different points in time, including shortly after his above-mentioned period of active duty service. His private and VA treatment records indicate that he may have a current diagnosis of hypertension. Considering this evidence, the Board finds that the Veteran’s periods of ACDUTRA should be verified and that he should be afforded a VA examination for the purpose of determining whether he has a current diagnosis of hypertension and, if so, to determine its etiology, including whether it was at least as likely as not incurred during one of the Veteran’s periods of active duty or ACDUTRA. The matter is REMANDED for the following action: 1. Obtain the Veteran’s complete service personnel records, to include all documents pertaining to his service in the United States Naval and/or Marine Corps Reserve. Verify all active duty for training dates for alleged service in the United States Naval and/or Marine Corps Reserve, including but not limited to from 1979 to 1991. If necessary, a request should be made to the Defense Finance and Accounting Service (DFAS). Document all requests for information as well as all responses in the claims file. 2. Schedule the Veteran for a VA examination by an appropriate clinician to determine the nature and etiology of any hypertension. The examiner must opine on (a) whether it is at least as likely as not (a 50 percent or greater probability) that any hypertension was incurred during one of the Veteran’s periods of active duty service or ACDUTRA, and (b) whether it is at least as likely as not related to service. (Continued on the next page)   The examiner should also opine on whether it at least as likely as not that hypertension (1) began during active service, (2) manifested within one year after discharge from service, or (3) was noted during service with continuity of the same symptomatology since service. A. C. MACKENZIE Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C. Banks, Associate Counsel