Citation Nr: 1326113 Decision Date: 08/16/13 Archive Date: 08/26/13 DOCKET NO. 11-15 072 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUE Entitlement to service connection for sleep apnea, to include as due to asbestos exposure. ATTORNEY FOR THE BOARD S. Mishalanie, Counsel INTRODUCTION The Veteran served on active duty from March 1971 to February 1975. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Montgomery, Alabama. In addition to the paper claims file, there is a Virtual VA electronic claims file associated with the Veteran's claim. The Virtual VA file has been reviewed in conjunction with the disposition of the issue on appeal. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action, on his part, is required. REMAND The Veteran asserts that his sleep apnea was incurred in service and is due to asbestos exposure. Specifically, he claims that he was exposed to asbestos during the decommissioning of the USS Accokeek and developed breathing problems. He also reports that fellow crew members complained about his snoring and breathing cessation. In addition, he has submitted lay statements from family members attesting to the fact that he had difficulty sleeping and that they witnessed him stop breathing while sleeping after he returned from service. The Veteran's service personnel records reflect that he served with the United States Navy and was assigned to the USS Accokeek during the time period in which the ship was decommissioned. He has also submitted private treatment records, which document a current diagnosis of sleep apnea. Under these circumstances, the Board finds that a VA examination is warranted. Accordingly, the case is REMANDED for the following actions: 1. The RO/AMC should request that the Veteran provide the names and addresses of any and all health care providers who have provided treatment for sleep apnea. After acquiring this information and obtaining any necessary authorization, the RO/AMC should obtain and associate these records with the claims file. 2. After completing the foregoing development, the Veteran should be scheduled for a VA examination to determine the nature and etiology of his sleep apnea. Any and all studies, tests, and evaluations deemed necessary by the examiner should be performed. The examiner is requested to review all pertinent records associated with the claims file, including the Veteran's service treatment records, post-service medical records, and assertions. It should be noted that the Veteran's service personnel records reflect that he served in the United States Navy and was assigned to the USS Accokeek during the time period in which the ship was decommissioned. If there is a medical basis to support or doubt the history provided by the Veteran, the examiner should provide a fully reasoned explanation. The examiner should opine as to whether it is at least as likely as not that the Veteran currently has sleep apnea that manifested in service or that is otherwise related to his military service, to include asbestos exposure therein. (The term "at least as likely as not" does not mean within the realm of medical possibility, but rather that the medical evidence both for and against a conclusion is so evenly divided that it is as medically sound to find in favor of a certain conclusion as it is to find against it.) A clear rationale for all opinions would be helpful and a discussion of the facts and medical principles involved would be of considerable assistance to the Board. 3. After completing these actions, the RO/AMC should conduct any other development as may be indicated by a response received as a consequence of the actions taken in the preceding paragraphs. 4. When the development requested has been completed, the case should be reviewed by the RO/AMC on the basis of additional evidence. If the benefits sought are not granted, the Veteran should be furnished a Supplemental Statement of the Case and be afforded a reasonable opportunity to respond before the record is returned to the Board for further review. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2012). _________________________________________________ JESSICA J. WILLS Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2012).