Citation Nr: 18155299 Decision Date: 12/04/18 Archive Date: 12/03/18 DOCKET NO. 14-30 451 DATE: December 4, 2018 REMANDED Service connection for sleep apnea is remanded. REASONS FOR REMAND The Veteran had active service from January 2004 to May 2005 and from April 2009 to May 2010. He also served with the Army Reserves. This matter comes before the Board of Veterans’ Appeals (Board) from an August 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In June 2018, the Veteran appeared via videoconference and provided testimony before the undersigned Veterans Law Judge. A transcript of the hearing has been associated with the claims file. Sleep Apnea The Veteran seeks service connection for sleep apnea. During his hearing before the Board, he indicated that he had recently separated from the Army Reserves and was trying to obtain his personnel and medical records. He has not submitted copies of these records. On remand, attempts must be made to obtain the Veteran’s records from his period of service with the Army Reserves. The Board observes that an opinion was obtained from a VA examiner in May 2014, which addressed the relationship between the Veteran’s service-connected posttraumatic stress disorder (PTSD) and sleep apnea. The examiner did not perform an examination but provided an opinion based on review of the claims file. The examiner did not provide an opinion addressing whether the Veteran’s sleep apnea is directly related to service. Based on the Veteran’s competent statements and testimony describing his sleep symptoms during service and lay statements from two fellow soldiers who observed the Veteran’s sleep symptoms while he was deployed, such as snoring and stopping breathing in his sleep, a remand is required to provide an opinion addressing whether the Veteran’s sleep apnea manifested during or as a result of service. The matter is REMANDED for the following actions: 1. Obtain updated VA treatment records, if any. 2. Obtain the Veteran’s complete service treatment and personnel records, to include records from his service in the Army Reserves. Document all requests for information as well as all responses in the claims file. 3. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of his sleep apnea. The examiner must be provided access to the electronic claims file and indicate review of the claims file in the examination report. All necessary testing must be completed. The examiner must opine whether it is at least as likely as not (50 percent probability or greater) that the Veteran’s sleep apnea manifested during or is otherwise related to his periods of service from January 2004 to May 2005 or April 2009 to May 2010, to include exposure to dust, gas fumes, and/or burn pits while deployed. The examiner must explain the rationale for all opinions in detail, citing to supporting clinical data and/or medical literature, as appropriate. The examiner should be advised that the Veteran and his fellow soldiers are competent to report their observations of the Veteran’s sleep symptoms, and the examiner should consider the lay statements in rendering the requested opinion. If the examiner cannot provide the opinion without resorting to speculation, the examiner should provide an explanation as to why this is so and note what, if any, additional evidence would permit such an opinion to be made. 4. After completing the above actions, and any other development necessary, readjudicate the claim. If the benefit sought on appeal remains denied, the Veteran and his representative should be provided a supplemental statement of the case. Allow an appropriate period of time for response. L. CHU Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. G. Alderman