Citation Nr: 22014281 Decision Date: 03/12/22 Archive Date: 03/12/22 DOCKET NO. 17-45 058 DATE: March 12, 2022 ORDER Entitlement to service connection for sleep apnea is denied. FINDING OF FACT The Veteran's sleep apnea was not present during service or for many years thereafter and is not shown to be causally or etiologically related to service. CONCLUSION OF LAW The criteria for entitlement to service connection for sleep apnea have not been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from May 2001 to April 2003. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In the August 2017 VA Form 9, the Veteran indicated that he desired a hearing at a local VA office. The Veteran was notified of his scheduled hearing in an October 2021 letter. He was scheduled to testify before a Veterans Law Judge in January 2022. However, the Veteran did not attend the hearing and has not provided good cause for his absence. Accordingly, the Board considers the hearing request withdrawn. See 38 C.F.R. § 20.704(e). Entitlement to service connection for sleep apnea The Veteran contends that his sleep apnea is due to his active service, as he believes he experienced sleep issues in service that are related to his currently diagnosed sleep apnea. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 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). 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 concludes that, while the Veteran has a current diagnosis of sleep apnea, the evidence of record persuasively weighs against finding that the Veteran's diagnosis of sleep apnea began during service or is otherwise related to an in-service injury or disease. The Veteran's service treatment records are silent as to any sleep-related or breathing issues. Private treatment records indicate the Veteran was first diagnosed with sleep apnea in January 2015. No health care professional is on record linking his currently existing sleep apnea to active duty. The Board notes that the Veteran has not been afforded a VA examination regarding his sleep apnea. However, the Board finds that a VA examination is not warranted. The VA must provide a medical examination when there is (1) competent evidence of a current disability or persistent or recurrent symptoms of a disability, (2) evidence establishing that an event, injury, or disease occurred in service, (3) an indication that the disability or persistent recurrent symptoms of a disability may be associated with the veteran's service, but (4) there is insufficient competent medical evidence on file to decide the claim. 38 U.S.C. § 5103A(d); McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006). In this case, while the first element required is met, there is no competent evidence that the Veteran's current disability occurred in service. The only evidence of record connecting his sleep apnea to service is the Veteran's own statements. However, to the extent the Veteran believes his sleep apnea is related to his service, the Board notes he has not been shown to have the medical training necessary to diagnose his condition. The issue is medically complex, as it requires specialized medical education. See Jandreau, 492 F.3d at 1372, 1377. In reaching the conclusion to deny the claim, the Board has considered the applicability of the benefit-of-the-doubt doctrine. However, as the greater weight of the evidence is against the claim, that doctrine is not applicable. 38 U.S.C. § 5107. MICHAEL E. KILCOYNE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board V. Geer, 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.