Citation Nr: 21067885 Decision Date: 11/05/21 Archive Date: 11/05/21 DOCKET NO. 16-31 710 DATE: November 5, 2021 ORDER Entitlement to service connection for a sleep disorder, to include as secondary to the service-connected right shoulder disability is granted. FINDING OF FACT Resolving all reasonable doubt in the Veteran's favor, a sleep disorder which is caused or aggravated by his service-connected right shoulder disability. CONCLUSION OF LAW The criteria for service connection for a sleep disorder have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.310. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from January 2002 to March 2002. This matter is before the Board of Veterans' Appeals (Board) on appeal of an October 2012 rating decision of the St. Louis, Missouri, Regional Office (RO) of the Department of Veterans Affairs (VA). In October 2018, the Board issued a decision denying this claim. The Veteran appealed the October 2018 Board decision to the United States Court of Appeals for Veterans Claims (Court). In February 2021, the Court issued a Memorandum Decision setting aside the October 2018 Board decision and remanded the issue back to the Board for further adjudication. The Court reasoned that the Board provided an inadequate statement of reasons or bases in its October 2018 decision because it did not consider the case of Saunders v. Shinseki when concluding the Veteran did not have a currently diagnosed sleep disorder. Saunders v. Wilkie, 886 F.3d 1356 (Fed. Cir. 2018). Service Connection The Veteran is seeking service connection for a sleep disorder, to include sleep disturbance, that he believes is the result of pain due to his service- connected right shoulder disability. Specifically, due to the pain of his right shoulder disability, which radiates down his right arm, the Veteran states that he is unable to sleep. See July 2016 VA Form 9. Establishing service connection generally requires medical or, in certain circumstances, lay evidence of (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a link between the claimed in-service disease or injury and the present disability. Romanowsky v. Shinseki, 26 Vet. App. 289, 293 (2013). A disability that is proximately due to, the result of, or chronically aggravated by a service-connected disease or injury is considered service-connected, and when thus established, this secondary condition is considered a part of the original condition. 38 C.F.R. § 3.310(a) and (b). Establishing service connection on this secondary basis requires evidence sufficient to show: (1) that a current disability exists and (2) that the current disability was either (a) caused by or (b) aggravated by a service-connected disability. Allen v. Brown, 7 Vet. App. 439 (1995) (en banc). Here, the Veteran submitted an August 2012 statement from his private physician indicating the Veteran has a sleep pattern disturbance due to the pain of his right shoulder disability, which requires medication. Further, the findings of a February 2014 VA Medical Opinion found that the Veteran does "clearly experience a sleep pattern disturbance at least partially as a result of his service connected shoulder injury (and the pain/discomfort caused by this injury)." Therefore, in light of the holding in Sauders v. Shinseki, the Board finds that the Veteran's right shoulder disabilities causes functional impairment manifested as sleep difficulties, and constitutes a current disability. See Saunders, 886 F.3d at 1362. As to the etiology of the disorder, the February 2014 VA examiner concluded it is at least as likely as not that the Veteran's sleep disturbance is related to and caused in part by his shoulder pain. There is no competent evidence of record to contradict the findings as noted in the February 2014 VA opinion. Resolving reasonable doubt in the Veteran's favor, the claim for service connection is granted. YVETTE R. WHITE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Berry, Counsel The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.