Citation Nr: 18149393
Decision Date: 11/09/18	Archive Date: 11/09/18

DOCKET NO. 15-43 468
DATE:	November 9, 2018
REMANDED
Entitlement to service connection for obstructive sleep apnea (OSA), including as due to exposure to herbicides and/or secondary to a service-connected disability is remanded.
REASONS FOR REMAND
The Veteran had active duty from January 1968 to January 1970.
At the outset, the Board observes that the Veteran’s claim for OSA was denied in a June 2010 rating decision. Thereafter, the Veteran submitted additional medical treatment records, statements and research regarding this claim in June, August and September 2010 as well as in January and June 2011. As such, the submission of new and material evidence within the one-year appeal period following the notification of the denial of a claim serves to abate the finality of that decision. See Buie v. Shinseki, 24 Vet. App. 242, 252 (2011) (holding that appellant submissions of new and material evidence within one year after the date of mailing of an RO decision prevents the determination from becoming final). Accordingly, this claim has been characterized as reflected above.
Entitlement to service connection for OSA, including as due to exposure to herbicides and/or secondary to a service-connected disability is remanded.
While the Board sincerely regrets the additional delay, the claim for OSA must be remanded for a VA examination. Specifically, a private medical treatment record dated September 2009 reflects that the Veteran has been diagnosed with OSA. In addition, the Veteran believes that his OSA is due to his conceded exposure to herbicides while stationed in Vietnam during the Vietnam War era. See Veteran’s correspondence dated August and September 2010. He also claims that his OSA is secondary to his service-connected posttraumatic disorder (PTSD). Id. Moreover, he has submitted research documents supporting these positions. Id. Accordingly, medical commentary on the etiology of the Veteran’s OSA must be obtained before the claim is adjudicated.
The matter is REMANDED for the following action:
1. Obtain the Veteran’s VA medical treatment records dated from January 2017 forward.
2. Thereafter, schedule the appropriate VA examination to determine the etiology of the Veteran’s OSA. The claims file must be made available to the examiner for review. All indicated tests and studies must be performed, and a comprehensive history should be obtained.
The examiner must opine whether it is at least as likely as not that the Veteran’s OSA is (1) related to an in-service injury, event, or disease, including exposure to herbicides; (2) caused by service-connected disability (PTSD and/or diabetes mellitus, type II); or (3) aggravated beyond its natural progression by service-connected disability (PTSD and/or diabetes mellitus, type II).
The examiner should also consider the medical research the Veteran submitted in August 2010 indicating a relationship between OSA, PTSD and exposure to herbicides. 
A complete rationale is requested for any opinion expressed. If the requested opinion cannot be provided without resort to speculation, the examiner should so state and explain why an opinion would be speculative.

 
Nathaniel J. Doan
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	N. Sangster, Counsel