Citation Nr: 18153069
Decision Date: 11/28/18	Archive Date: 11/27/18

DOCKET NO. 16-32 822
DATE:	November 28, 2018
REMANDED
Entitlement to service connection for sleep apnea. is remanded.
REASONS FOR REMAND
The Veteran served in the Navy from May 2001 to January 2013.  This matter comes before the Board of Veterans’ Appeals (the Board) on appeal from an April 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Detroit, Michigan.  
The Veteran claims on his VA Form 9 that his sleep apnea disability dates back as far as November 2007 as a result of multiple injuries and prescription medications.  His treatment records indicate that a sleep study was conducted and a diagnosis of sleep apnea provided in November 2013.  The Veteran further contends that subsequent weight gain and years of insufficient sleep have worsened his sleep apnea.  The Veteran also noted on his Notice of Disagreement that his wife has complained for years that he was constantly waking up at night due to his snoring and keeping her up.  The Veteran stated that he was prescribed allergy medication in 2009 which induced his sleep apnea.  The Veteran uses a CPAP machine and has since 2013 – the year he was discharged from the Navy. 
The Veteran has identified treatment records discussing his sleep apnea disability that were not considered in the record.   These records should be obtained.
Thereafter, the AOJ should schedule the Veteran for a VA examination with opinion.  As the record documents a current diagnosis of sleep apnea and there is evidence of record that indicates that this diagnosis may be attributable to service evidence, VA has a duty to assist by obtaining a VA examination.  See McLendon v. Nicholson, 20 Vet. App. 79 (2006).
The matter is REMANDED for the following action:
1. With any needed assistance from the Veteran, obtain any outstanding VA treatment records and any private treatment related to the Veteran’s sleep apnea, to include ensuring that all prior sleep study records are of record.
2. Thereafter, schedule the Veteran for an appropriate VA examination to assist in determining the nature and etiology of any diagnosed sleep apnea disability.  All appropriate tests, studies, and consultations should be accomplished and all clinical findings should be reported in detail.  The claims file must be made available to and reviewed by the examiner, and the examination report should include discussion of the Veteran’s documented medical history and assertions.
The examiner is asked to answer to provide an opinion whether it is at least as likely as not (50 percent probability or greater) that any diagnosed sleep apnea disability had its onset in service or is otherwise medically related to any period of active service.
A report of the examination should be prepared and associated with the Veteran’s claims file.  A complete rationale must be provided for all opinions rendered that includes consideration of the Veteran’s lay statements.  If the examiner cannot provide the requested opinions without resorting to speculation, he/she should expressly indicate this and provide a supporting rationale as to why an opinion cannot be made without resorting to speculation.
 
Nathaniel J. Doan
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Yonelle Moore Lee, Associate Counsel