Citation Nr: 18154042
Decision Date: 11/29/18	Archive Date: 11/28/18

DOCKET NO. 16-57 199
DATE:	November 29, 2018
REMANDED
Entitlement to service connection for sleep apnea is remanded.
REASONS FOR REMAND
The Veteran had active service from August 1979 to April 2000. 
This matter comes before the Board of Veterans’ Appeals (Board) from an August 2015 rating decision.
The Veteran submitted a timely Notice of Disagreement (NOD), and a November 2016 Statement of the Case (SOC) was issued.  The Veteran’s November 2016 VA Form 9 specifically only included his sleep apnea claim.  As such, the increased rating for status post herniorrhaphy claim is not on appeal and not currently before the Board. 
Service Connection Claim
Although further delay is regrettable, the Board finds that additional development is necessary prior to appellate review.
With respect to the claim for entitlement to service connection for sleep apnea, the Veteran has asserted that this disability had its onset during his period of service.  Service treatment records show that the Veteran has a history of complaints of snoring, sore throats, and scratchy throats.  Furthermore, in his September 2015 NOD, the Veteran asserts a January 1982 carbon monoxide poisoning incident had a causal effect on his sleep apnea.  A post-service July 2012 polysomnography indicated that the Veteran had a diagnosis of obstructive sleep apnea, with a history of loud snoring and hypersomnolence.  Given the foregoing, the Board finds the evidence is sufficient to trigger VA’s duty to obtain a VA examination and medical opinion to determine the nature and etiology of his sleep apnea.  See McLendon v. Nicholson, 20 Vet. App. 79 (2006). 
On remand, all outstanding VA medical records must be requested and obtained.  See Bell v. Derwinski, 2 Vet. App. 611 (1992).
The matter is REMANDED for the following action:
1. Obtain and associate with the Veteran’s claims file any outstanding VA treatment records.
If possible, the Veteran himself should submit any pertinent new evidence regarding the conditions at issue in order to expedite the claims.
2. Then, schedule the Veteran for the appropriate VA examination in regard to his sleep apnea claim.  The examiner must opine whether it at least as likely as not that the Veteran’s sleep apnea is caused by or etiologically related to service, to include carbon monoxide poisoning.  A complete rationale must be provided for the opinion proffered.
(Continued on the next page)
 
3. After completing the above development, readjudicate the issue on appeal.  If any benefit sought remains denied, issue a supplemental statement of the case and return the case to the Board.
 
JOHN J CROWLEY
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	R. Kettler, Associate Counsel