Citation Nr: 18144283
Decision Date: 10/24/18	Archive Date: 10/24/18

DOCKET NO. 16-15 172A
DATE:	October 24, 2018
REMANDED
Entitlement to service connection for obstructive sleep apnea is remanded.
Entitlement to service connection for a patent foramen ovale (heart disorder) is remanded.
Entitlement to service connection for hypertension is remanded.
Entitlement to service connection for left lower extremity neuropathy is remanded.
Entitlement to service connection for right lower extremity neuropathy is remanded.
REASONS FOR REMAND
1. Entitlement to service connection for obstructive sleep apnea is remanded.
2. Entitlement to service connection for a patent foramen ovale (heart disorder) is remanded.
3. Entitlement to service connection for hypertension is remanded.
4. Entitlement to service connection for left lower extremity neuropathy is remanded.
5. Entitlement to service connection for right lower extremity neuropathy is remanded.
The Veteran served on active duty in the United States Navy from November 1968 to March 1970. 
In a February 2017 letter, the Veteran’s attorney sought to withdraw from this appeal after certification.  The letter does not provide a reason for the withdrawal.  This withdrawal is ineffective.  See 38 C.F.R. § 20.608.
The disability claims in appellate status are all, at least in part, claimed as due to herbicide exposure.  The Veteran served in the Navy, but his statements indicate that he is asserting he was on land in the Republic of Vietnam.  
The record does not currently contain the Veteran’s personnel records.  These records should be obtained and then the AOJ should make a determination as to whether the Veteran is presumed exposed to herbicide agents.  If so, the AOJ should conduct any other indicated development.
The matter is REMANDED for the following action:
1. Obtain the Veteran’s personnel record.
2. Complete any other necessary development to make a determination as to whether the Veteran’s service qualifies for the presumption of herbicide exposure under 38 C.F.R. §§ 3.307, 3.309.
 
3. If the presumption of herbicide exposure applies, then complete any other indicated development, to include obtain any indicated opinions.

 
Nathaniel J. Doan
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Diane M. Donahue Boushehri, Counsel