A VA examiner found that the veteran's sleep apnea was not caused by his PTSD, citing a lack of medical literature supporting a link. However, a letter from Dr. D. Anaise opined that the veteran's sleep apnea was likely secondary to his PTSD, citing several medical studies. After reviewing the evidence, the Board found Dr. Anaise's opinion to be more persuasive since it referenced relevant medical literature and was provided by a competent expert. Based on this, the Board determined that service connection for the veteran's sleep apnea as secondary to his PTSD was warranted.
A VA examiner found that the veteran's sleep apnea was not caused by his PTSD, citing a lack of medical literature supporting a link. However, a letter from Dr. D. Anaise opined that the veteran's sleep apnea was likely secondary to his PTSD, citing several medical studies. After reviewing the evidence, the Board found Dr. Anaise's opinion to be more persuasive since it referenced relevant medical literature and was provided by a competent expert. Based on this, the Board determined that service connection for the veteran's sleep apnea as secondary to his PTSD was warranted.
A VA examiner found that the veteran's sleep apnea was not caused by his PTSD, citing a lack of medical literature supporting a link. However, a letter from Dr. D. Anaise opined that the veteran's sleep apnea was likely secondary to his PTSD, citing several medical studies. After reviewing the evidence, the Board found Dr. Anaise's opinion to be more persuasive since it referenced relevant medical literature and was provided by a competent expert. Based on this, the Board determined that service connection for the veteran's sleep apnea as secondary to his PTSD was warranted.
On September 2012 VA examination, the diagnosis was obstructive sleep apnea.
The examiner reported that he found no valid medical literature to support the claim that sleep apnea is proximately due to or the result of PTSD. Therefore, the examiner opined that it was less likely as not the Veterans sleep apnea was caused by or a result of his PTSD. A June 2014 letter from Dr. D. Anaise included an opinion that the Veterans sleep apnea was more likely than not secondary to his service-connected PTSD. The letter cited medical literature as evidence in support of the opinion, and included such medical literature in support of the Veterans claim. Such evidence was also in support of a causal relationship between sleep apnea and PTSD. After a review of the evidence of record, resolving all reasonable doubt in the Veterans favor, the Board finds that the preponderance of the evidence supports that the Veterans obstructive sleep apnea is secondary to his service-connected PTSD. 38 U.S.C.A. 5107; 38 C.F.R. 3.102, 3.310. The Board notes that the September 2012 VA opinion against the Veterans claim cited the lack of medical literature in support of a causal relationship between PTSD and sleep apnea as a basis for concluding the Veterans sleep apnea was less likely as not caused by or a result of his PTSD. In contrast, the June 2014 letter from Dr. D. Anaise indicated there was a significant volume of medical literature to support the Veterans claim, and cited to such evidence in support of his opinion that the Veterans obstructive sleep apnea was more likely than not secondary to his service-connected PTSD. The Board finds the June 2014 letter and opinion from Dr. D. Anaise to be more probative and persuasive in this case as it was based on a review of the Veterans treatment records, cited supporting medical literature, and was provided by a medical expert competent to provide an opinion as to the etiology of the Veterans sleep apnea. Hence, entitlement to service connection for obstructive sleep apnea as secondary to service-connected PTSD is warranted
30 Soc - Sec.rep - Ser. 489, Unempl - Ins.rep. CCH 15637a Wanda Talley v. Louis W. Sullivan, M.D., Secretary of Health and Human Services, 908 F.2d 585, 10th Cir. (1990)
14 Soc - Sec.rep - Ser. 106, Unempl - Ins.rep. CCH 16,878 Nelda A. Parker v. Otis R. Bowen, Secretary of Health and Human Services, 793 F.2d 1177, 11th Cir. (1986)
51 Soc - Sec.rep - Ser. 549, Unempl - Ins.rep. (CCH) P 15638b Edwind F. Pratts v. Shirley S. Chater, Commissioner of Social Security, 94 F.3d 34, 2d Cir. (1996)