Citation Nr: 22013671 Decision Date: 03/10/22 Archive Date: 03/10/22 DOCKET NO. 18-28 553 DATE: March 10, 2022 ORDER Entitlement to service connection for a sleep disorder, other than sleep impairment/insomnia, is denied. FINDINGS OF FACT 1. The evidence of record is against finding that the Veteran has had a separate sleep disorder, other than sleep impairment/insomnia, at any time during or approximate to the pendency of the claim. 2. The Veteran's sleep impairment/insomnia is specifically contemplated by his service-connected PTSD. CONCLUSION OF LAW The criteria for entitlement to service connection for a sleep disorder, other than sleep impairment/insomnia, have not been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from January 2007 to December 2011. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran attended a hearing before the undersigned Veterans Law Judge in April 2019. A transcript of the hearing is of record. This matter was previously remanded by the Board of Veterans' Appeals (Board) in October 2018. In consideration of the appeal, the Board is satisfied there was substantial compliance with the remand directives and will proceed with review. See Stegall v. West, 11 Vet. App. 268 (1998). The Board notes that the Veteran was granted entitlement to service connection for post-traumatic stress disorder (PTSD) with insomnia disorder and alcohol use disorder in early remission rated at 100 percent effective January 26, 2015, in a March 2021 rating decision. Entitlement to service connection for a sleep disorder, other than sleep impairment/insomnia The Veteran contends that he has a current sleep disorder, other than insomnia, due to his service. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004). At the April 2019 Board hearing, the Veteran testified that he has been taking sleeping pills since he has been in the military. In accordance with the October 2018 Board remand, the Veteran had an examination for his claimed sleep disorder in December 2019. The examiner indicated that the Veteran did not have a diagnosis of sleep apnea. The Veteran had an examination for his claimed sleep disorder in February 2021. The examiner noted that the Veteran did not have a diagnosis of sleep apnea. The Veteran had another examination for his claimed sleep disorder in November 2021. The examiner indicated that the Veteran did not have a diagnosis of sleep apnea. The examiner opined that it was less likely than not that a sleep disorder was incurred in or cause by service. The examiner stated that an October 2020 sleep study was negative for sleep apnea and that the medical records were silent for sleep apnea. Based on the above, the Board finds that service connection is not warranted for a sleep disorder. The Board finds that the record demonstrates that his sleep impairment/insomnia symptoms are attributable to his service-connected PTSD, for which he is currently being compensated. The March 2021 VA examination on which service connection was established for PTSD notes as a related symptom chronic sleep impairment, and the medical opinion of the same date finds that the Veteran's in-service sleep impairment symptoms are in part an underlying basis for the finding of a connection between the Veteran's PTSD and his service. Therefore, difficulty sleeping, to include insomnia, is already contemplated by the Veteran's 100 percent rating for PTSD. The Board finds the December 2019, February 2021, and November 2021 examinations to be highly probative because the examiner's diagnosis was based on a review of the Veteran's medical record, lay statements, and an examination of the Veteran. The Board acknowledges the Veteran's assertions that he has a separate sleep disorder. While the Veteran is competent to report symptoms of disability, he does not have the specialized medical training to render a specific diagnosis. Layno v. Brown, 6 Vet. App. 465, 470 (1994); Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007). Therefore, his assertions are not considered competent and do not weigh against the probative value of the medical treatment records, including the December 2019, February 2021, and November 2021 examinations, which do not show a diagnosis of a separate sleep disorder disability. Absent a showing of a separately diagnosed disability, service connection cannot be granted. Congress specifically limits entitlement for service-connected disease or injury to cases where such incidents have resulted in a disability. See 38 U.S.C. § 1110. In the absence of proof of a current diagnosis of a disability, service connection for that disability cannot be established, and the Veteran's claim for a separate sleep disorder disability must be denied. See Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992); see also Degmetich v. Brown, 104 F.3d 1328, 1333 (1997) (holding that the existence of a current disability is the cornerstone of a claim for VA disability compensation). As such, the evidence of record is against service connection for this claim. Reasonable doubt does not arise, and the benefit-of-the-doubt doctrine does not apply; the claim must be denied. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. Bethany L. Buck Veterans Law Judge Board of Veterans' Appeals Attorney for the Board David M. Sebstead, Associate 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.