Citation Nr: 18153245 Decision Date: 11/27/18 Archive Date: 11/27/18 DOCKET NO. 11-06 224 DATE: November 27, 2018 ORDER TO VACATE The Board may vacate an appellate decision at any time upon request of the appellant or his or her representative, or on the Board’s own motion, when an appellant has been denied due process of law or when benefits were allowed based on false or fraudulent evidence. 38 U.S.C. § 7104 (a); 38 C.F.R. § 20.904. A recent August 17, 2018 Board decision denied the Veteran’s claim of entitlement to service connection for sleep apnea, after which the Veteran submitted a request for reconsideration of the August 2018 Board decision. In support of her motion, the Veteran stated that she underwent a sleep study in July 2018 that confirmed a diagnosis of sleep apnea. She stated that the medical record was submitted to VA, but was not considered in the Board’s decision. Also submitted in support of her claim was a private sleep study report dated in July 2018 which reflected that the Veteran had been diagnosed with mild obstructive sleep apnea. Given the above, the August 17, 2018 Board decision which denied the Veteran’s claim of entitlement to service connection for sleep apnea is vacated. 38 U.S.C. § 7104 (a); 38 C.F.R. § 20.904. REMANDED Entitlement to service connection for sleep apnea is remanded. REASONS FOR REMAND Entitlement to service connection for sleep apnea is remanded. The Veteran served on active duty from August 1990 to April 1998. The Veteran contends that she suffers from sleep apnea that is either the result of active duty service or secondary to her service-connected disabilities. In light of the newly considered evidence, namely the July 2018 private sleep study showing a diagnosis of mild obstructive sleep apnea, the Veteran should be afforded a VA examination with opinions on this issue. 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 her diagnosed 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. Additionally, the examiner is asked to provide opinions on whether the Veteran’s obstructive sleep apnea was caused or aggravated by any of her service-connected disabilities. M. E. Larkin Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Jack S. Komperda, Counsel