Citation Nr: 18150262
Decision Date: 11/14/18	Archive Date: 11/14/18

DOCKET NO. 14-07 254A
DATE:	November 14, 2018
ORDER
Entitlement to service connection for a sleep disorder, other than insomnia, is denied.
FINDING OF FACT
The preponderance of the evidence of record is against finding that the Veteran has, or has had at any time during the appeal, a current diagnosis of a sleep disorder other than insomnia.
CONCLUSION OF LAW
The criteria for service connection for a sleep disorder other than insomnia are not met.  38 U.S.C. §§ 1131, 5107(b) (2012); 38 C.F.R. §§ 3.102, 3.303(a) (2017).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served honorably in the United States Army from August 1976 to August 1979.
Entitlement to service connection for a sleep disorder other than insomnia
Under the relevant laws and regulations, service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1131.  Generally, the evidence 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.  Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004); Caluza v. Brown, 7 Vet. App. 498, 505 (1995); see Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2013) (noting that nexus may be demonstrated by a showing of continuity of symptomatology where the disability claimed qualifies as a chronic disease listed in 38 C.F.R. § 3.309(a)).  
With regard to a present disability, a review of the medical records from the VA medical center (VAMC) does not show any diagnosis or treatment for a sleep disorder other than insomnia. The Veteran underwent a sleep study at the VAMC in August 2018 for probable obstructive sleep apnea.  The test showed adequate flow and no abnormal behaviors during the study. No diagnosis of sleep apnea was rendered. 
Further, the Veteran was afforded a VA examination in April 2018.  The examiner diagnosed the Veteran with insomnia, but declined to make any other sleep related diagnoses finding the objective examination showed no evidence to support a diagnosis of another sleep disorder. Notably, the Veteran refused to partake in a sleep study. 
The existence of a current disability is the cornerstone of a claim for VA disability compensation.  38 U.S.C. § 1131.  In other words, the evidence must show that, at some point during the appeal period, the Veteran has the disability for which benefits are being claimed.  Here, for the reasons set forth above, the overall evidence of record weighs against a finding of a sleep disorder other than insomnia at any time during the appeal period.
The Board notes the Veteran has not made any statements regarding experiencing symptoms of a sleep disorder other than insomnia.
At no time since the Veteran first filed a claim for service connection in November 2012 has a sleep disorder other than insomnia been shown.  See McClain v. Nicholson, 21 Vet. App. 319 (2007) (stipulating that a service connection claim may be granted if a diagnosis of a chronic disability was made during the pendency of the appeal, even if the most recent medical evidence suggests that the disability resolved).  Based on this evidentiary posture, the Board concludes that the preponderance of the evidence is against the Veteran’s claim for service connection for a sleep disorder other than insomnia.  As the preponderance of the evidence is against this claim, the benefit-of-the-doubt rule does not apply, and the Veteran’s claim for service connection for a sleep disorder other than insomnia is denied.  See 38 U.S.C. § 5107.


 
A. S. CARACCIOLO
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Laura A. Crawford, Associate Counsel