Citation Nr: 18143378
Decision Date: 10/19/18	Archive Date: 10/18/18

DOCKET NO. 16-18 147
DATE:	October 19, 2018
REMANDED
Entitlement to service connection for sleep apnea is remanded.
REASONS FOR REMAND
The Veteran had active military service from January 2008 to January 2012.
1. Entitlement to service connection for sleep apnea
The Board finds that a further VA examination with a medical opinion is warranted prior to a final adjudication of the Veteran’s claim.
The Board has reviewed the service treatment records and notes no sleep apnea treatment or diagnosis, which is conceded by the Veteran. Post-service, the Veteran’s sleeping difficulties were noted by the San Diego VAMC in February of 2012, roughly a month after leaving service. The Veteran’s treatment records note mild obstructive sleep apnea in July 2014 in the results from the Veteran’s pulmonary sleep study. In his April 2016 VA Form 9 statement for the current claim, the Veteran states that he did experience the potential factors for sleep apnea while in service, including disturbed sleep, sleep fragmentation, and hyper arousal due to the physical and psychological stressors of ship life. In considering the Veteran’s own contentions, the Board notes that he is competent to observe lay symptoms but does not have the training or credentials to provide a competent opinion as to a diagnosis or the onset date of such diagnosis. See Jandreau v. Nicholson, 492 F.3d 1372, 1377 (Fed. Cir. 2007).
The question for the Board is whether the Veteran’s current sleep apnea is at least as likely as not related to an in-service injury, event, or disease. At a minimum, the Board finds that the facts raise a question as to whether the Veteran’s current sleep apnea is in any way causally related to his service. This matter must be further addressed on examination. 38 C.F.R. § 3.159(c)(4).  
The matter is REMANDED for the following action:
1. In accordance with the provisions of 38 C.F.R. § 3.159(c)(1), make efforts to obtain all records identified by the Veteran and any new records of VA treatment of the Veteran.
2. Afford the Veteran a VA examination to determine the nature and etiology of the Veteran’s sleep apnea. The Veteran’s claims file, including a copy of this remand, must be made available to and reviewed by the examiner for review in connection with the examination.
The examiner is requested to review the record, conduct an appropriate examination, and offer an opinion as to whether it is at least as likely as not (50 percent) that the Veteran’s sleep apnea had its onset in service or is otherwise related to the Veteran’s active duty service. Consideration should be given to the Veteran’s April 2016 VA Form 9 statement.
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All opinions must be supported by a complete rationale.
 
A. C. MACKENZIE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Evan Thomas Hicks