Citation Nr: 18142703
Decision Date: 10/17/18	Archive Date: 10/16/18

DOCKET NO. 16-11 509A
DATE:	October 17, 2018
REMANDED
Service connection for sleep apnea is remanded to the Agency of Original Jurisdiction (AOJ).
REASONS FOR REMAND
The Veteran served on active duty from January 2004 to March 2005. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) denying the Veteran entitlement to service connection for his sleep apnea. 
The Veteran contends that he developed sleep apnea while in service. His claim states that while serving in Iraq, he began snoring, waking up short of breath, and having increased trouble sleeping. In a lay statement from a friend and fellow servicemember, the Veteran inhaled toxic fumes from burning trash, tires, batteries, and paint daily. 
Service connection will be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred in or aggravated by active service, even if the disability was diagnosed after service.  38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303.
The Veteran has a current diagnosis of sleep apnea, as evidenced in his medical treatment records from August 2012. He utilizes a CPAP sleep machine as directed by his doctor, per an October 2012 medical record, thus indicating a current diagnosis.
The Veteran is considered competent to make lay statements regarding his current diagnosis to the extent that he is reporting his current diagnosis. Jandreau v. Nicholson, 492 F. 3d 1372, 1377 (2009). The Veteran is not competent to determine that his illness was caused by the inhalation of chemicals during his deployment, or that he developed it during service. There are no corroborating documents in medical records that indicate the cause of the Veteran’s sleep apnea. However, because the Veteran’s lay statements regarding the development in service are corroborated with other supporting lay statements, there is a sufficient indication the Veteran’s disability could be connected with his service. As the record suggests a possible relationship between this claimed condition and his active military service, the "low threshold" standard for determining when a VA examination and opinion is necessary has been met. McLendon v. Nicholson, 20 Vet App. 79, 81 (2006).
Service connection requires a nexus between the current diagnosis and the in-service event. 38 C.F.R. § 3.303(a) (2017). The Board cannot make a fully-informed decision on the issue of service connection for sleep apnea because no VA examiner has opined whether there is a nexus between the Veteran’s current diagnosis and the in-service event. Further, the Board is unable to make medical determinations for itself, and must rely on medical evidence from personal medical records or VA examinations to determine said nexus. Colvin v. Derwinski, 1 Vet.App 171, 175 (1991).
Accordingly, the matter is REMANDED for the following action:
Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of sleep apnea. The examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease to include inhalation of burning toxins. The examiner also must address reports of sleep problems in service to determine the likelihood of development of the disability in service. 

 
M. H. HAWLEY
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Drew Kelly, Associate Counsel