Citation Nr: 18147095
Decision Date: 11/02/18	Archive Date: 11/02/18

DOCKET NO. 17-54 844
DATE:	November 2, 2018
ORDER
Entitlement to service connection for obstructive sleep apnea is remanded.
REASONS FOR REMAND
The Veteran served on active duty from July 2010 to May 2016.
1. Entitlement to service connection for sleep apnea is remanded.
The Veteran raised concerns about suffering from sleep apnea during a May 2016 separation health assessment. However, he was not afforded a sleep study until January 2017. Given that the sleep study resulted in a finding of moderate obstructive sleep apnea (OSA), and the Veteran was subsequently prescribed a continuous positive airway pressure (CPAP) machine, there is objective medical evidence in the VA medical records establishing a diagnosis of OSA. As such, and given the proximity of this in time relative to his separation from service, the Veteran is entitled to a thorough examination with an etiology opinion. See Barr v. Nicholson, 21 Vet. App. 303, 311 (2007).
The matter is accordingly 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 VA and private treatment records concerning this claim.
2. Afford the Veteran a VA sleep apnea examination to ascertain the current severity of his sleep apnea condition. The claims file must be reviewed by the examiner. The examiner is asked to provide an opinion as to whether it is at least as likely as not (a 50 percent or greater probability) that obstructive sleep apnea is etiologically related to service. The examiner is directed to the fact that the Veteran’s sleep study confirming obstructive sleep apnea was conducted in January 2017, less than a year following his separation from service. All opinions and conclusions must be supported by a rationale.
 
A.	C. MACKENZIE 
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	B. Banks, Associate Counsel