Citation Nr: 18140352 Decision Date: 10/02/18 Archive Date: 10/02/18 DOCKET NO. 16-15 374A DATE: October 2, 2018 ORDER Service connection for sleep apnea is denied. FINDING OF FACT The preponderance of the evidence is against finding that the Veteran has sleep apnea due to a disease or injury in service. CONCLUSION OF LAW The criteria for service connection for sleep apnea have not been met. 38 U.S.C. §§ 1110, 1111, 1131, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from January 1968 to December 1969. The Veteran contends that his sleep apnea began during service and was noticed shortly after service separation. The question for the Board is whether the Veteran has a current disability that began during service or is at least as likely as not related to an in-service injury, event, or disease. The Board notes that the Veteran has a current diagnosis of sleep apnea. However, the preponderance of the evidence weighs against finding that the Veteran’s sleep apnea began during service or is otherwise related to an in-service injury, event, or disease. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a), (d). VA treatment records show the Veteran was not diagnosed with sleep apnea until 2014, many decades after his separation from service. While the Veteran is competent to report having experienced symptoms of daytime fatigue and loud snoring since service, he is not competent to provide a diagnosis of sleep apnea in this case or determine that these symptoms were manifestations of sleep apnea. The issue is medically complex, as it requires medical knowledge and interpretation of complicated diagnostic medical testing, to include sleep studies. Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007). Further, the August 2014 VA examiner opined that the Veteran’s sleep apnea is not at least as likely as not related to an in-service injury, event, or disease. The rationale was that the service treatment records showed no documentation of signs or symptoms of sleep apnea, and although the Veteran’s former spouse submitted a statement of a past history of snoring, such was stated to have occurred in 1988, over 19 years following service separation. The examiner pointed out that the Veteran was diagnosed with sleep apnea in 2014, 45 years following service separation. The examiner’s opinion is probative, because it is based on an accurate medical history and provides an explanation that contains clear conclusions and supporting data. Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 304 (2008). In a February 2016 clarifying addendum opinion, a VA examiner opined that the Veteran’s sleep apnea is not at least as likely as not related to an in-service injury, event, or disease. The rationale was the same as was provided in August 2014, with an additional opinion that a report of snoring alone does not establish a diagnosis of sleep apnea. Despite the lay statements of record, there was no empirical or diagnostic test to show a diagnosis of sleep apnea for many decades following service separation. Polysomnogram testing was needed to make a diagnosis, and such was not provided until 2014. While the Veteran and his family believe that his sleep apnea is related to an in-service injury, event, or disease, the Board finds that the VA opinions provided outweigh these contentions. The VA opinions are consistent with the record. The record does not demonstrate any reported sleep-related symptoms in the years following service separation, to include review of a January 1971 VA examination and 2002 private treatment records documenting the Veteran’s disabilities. Because the elements of service connection have not been met, the Board finds that service connection for sleep apnea must be denied. M.E. Larkin Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD R. Erdheim, Counsel