BVA Case 14-2952: Back

For the reasons that follow, the Court will vacate the Board's June 2014 decision denying entitlement to service connection for sleep apnea to the extent that the Board did not address a theory of secondary service connection based on service 1 Sarcoidosis is defined as a chronic,progressive,systemic granulomatous reticulosis of unknown etiology, characterized by hard tubercles that can affect almost any organ or tissue,including the skin, lungs,lymph nodes,liver, spleen,eye,and small bones of the hands and feet.

In its June 2014 decision on appeal, the Board denied entitlement to service connection for sleep apnea.

Pringle has a current diagnosis of sleep apnea,the preponderance of the evidence was against a finding that his sleep apnea was related to service.

Pringle had presented new and material evidence sufficient to reopen his claim for service connection for pulmonary sarcoidosis and remanded the claim for further evaluation,including a VA examination and opinion.

Pringle argues that the Board erred in discounting his lay statements in deciding his claim and failed to provide an adequate statement of reasons or bases concerning VA's duty to assist.

Pringle also argues that the Board erred in not remanding all claims reasonably raised by the record.

Direct Service Connection for Sleep Apnea Establishing service connection generally requires medical or,in certain circumstances,lay evidence of (1)a current disability;(2)incurrence or aggravation of a disease or injury in service; and (3)a nexus between the claimed in-service injury or disease and the current disability.

The Court reviews the Board's factual findings regarding entitlement to service connection 3 under the clearly erroneous standard of review set forth in 38 U.