Citation Nr: 18144575
Decision Date: 10/24/18	Archive Date: 10/24/18

DOCKET NO. 16-32 740
DATE:	October 24, 2018
REMANDED
Entitlement to service connection for obstructive sleep apnea, to include as due to exposure to herbicides, is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the Army from December 1969 to November 1971, including service in Vietnam.  
Entitlement to service connection for obstructive sleep apnea, to include as due to exposure to herbicides, is remanded.
The Veteran contends that his obstructive sleep apnea is related to his active service, including as a result of herbicide agent exposure.  
The Board notes that the Veteran’s military personnel records confirm his service in the Republic of Vietnam, and he is therefore presumed to have been exposed to herbicides in service.  The Veteran was diagnosed with obstructive sleep apnea in June 2014.  While the Veteran’s sleep apnea is not an herbicide-related disease under 38 C.F.R. § 3.309, he is not precluded from seeking direct service connection for this disability. 
In July 2017 and July 2018, the Veteran, through his representative, asserted that his obstructive sleep apnea was caused by an in-service septum fracture or allergies.  
Service treatment records show the Veteran reported sinusitis during a November 1969 enlistment examination although his sinuses were found to be normal on examination.  In August 1970, the Veteran was treated for a nose injury and the impression was small non-displaced fracture of boney septum.  During a July 1971 separation examination, the Veteran reported sinusitis and hay fever, although his sinuses were again found to be normal.  
A VA examination is necessary to determine whether the Veteran’s obstructive sleep apnea is directly related to his active service.  
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 his obstructive sleep apnea.  The examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease, including the in-service reports of sinusitis and hay fever, August 1970 nasal septum fracture, or his presumed in-service herbicide exposure. 


 
JENNIFER HWA
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. Freeman, Associate Counsel