Citation Nr: 18158482 Decision Date: 12/17/18 Archive Date: 12/17/18 DOCKET NO. 15-14 482 DATE: December 17, 2018 REMANDED Entitlement to a compensable rating for sleep apnea from April 2, 2013 is remanded. Entitlement to a compensable rating for post-concussive syndrome/traumatic brain injury (TBI) from April 30, 2013 is remanded. REASONS FOR REMAND The Veteran served on active duty from July 2006 to August 2011. Upon review of the record, the Board finds that the issues must be remanded. The Board sincerely regrets the additional delay caused by this remand, but wishes to assure the Veteran that it is necessary for a full and fair adjudication of his claims. 1. Entitlement to a compensable rating for sleep apnea from April 2, 2013 is remanded. The Board finds that a remand is necessary to obtain updated VA treatment records. The Veteran’s VA treatment records indicate that a March 2018 sleep study was performed, the results of which were due six to eight weeks after the sleep study was performed. A review of the Veteran’s VA treatment records indicate that the results are not of record. As all outstanding records of evaluations and treatment he received for his sleep apnea during the evaluation period are pertinent, remand is required to obtain the records. Furthermore, the Board finds that a new examination is warranted for the Veteran’s claim. The Veteran’s last examinations of record were in April 2013. As the March 2018 VA treatment records indicate that the Veteran was seen for a sleep study, there is evidence of possible increased symptomatology since the Veteran’s last VA examination, and the Board finds that new VA examinations are warranted to ascertain the current severity of the Veteran’s service-connected sleep apnea. See Caffrey v. Brown, 6 Vet. App. 377, 381 (1994) (an examination too remote for rating purposes cannot be considered “contemporaneous”). 2. Entitlement to a compensable rating for post-concussive syndrome/traumatic brain injury (TBI) from April 30, 2013 is remanded. The Board finds that a new examination is warranted for the Veteran’s claim. The Veteran’s last examination of record was in April 2013. The Veteran’s March 2018 VA treatment records indicate that that the Veteran’s TBI was causing him to experience headaches, difficulties with falling asleep, irritability, and memory issues. Given the evidence of possible increased symptomatology since the Veteran’s last VA examination, the Board finds that a new VA examination is warranted to ascertain the current severity of the Veteran’s service-connected TBI. See Caffrey v. Brown, 6 Vet. App. 377, 381 (1994) (an examination too remote for rating purposes cannot be considered “contemporaneous”). The matters are REMANDED for the following action: 1. Assist the Veteran in associating with the claims folder updated treatment records. 2. Contact the Veteran and afford him the opportunity to identify by name, address and dates of treatment or examination any relevant medical records. Subsequently, and after securing the proper authorizations where necessary, make arrangements to obtain all the records of treatment or examination from all the sources listed by the Veteran which are not already on file. All information obtained must be made part of the file. All attempts to secure this evidence must be documented in the claims file, and if, after making reasonable efforts to obtain named records, they are not able to be secured, provide the required notice and opportunity to respond to the Veteran and his representative. 3. After any additional records are associated with the claims file, schedule the Veteran for a VA examination to determine the current severity of the Veteran’s sleep apnea. The claims file should be made available to the examiner for review in connection with the examination. All appropriate testing should be conducted. 4. Schedule the Veteran for a VA examination to determine the severity of the Veteran’s TBI. The claims file should be made available to the examiner for review in connection with the examination. (Continued on the next page)   All appropriate testing should be conducted, including the traumatic brain injury (TBI) rating template. The examiner should also attempt to differentiate between neurological symptoms related to the Veteran’s TBI, service-connected psychiatric disabilities, service-connected post-concussive headaches, and any other condition. If the examiner is unable to determine this, he or she should so state. A. S. CARACCIOLO Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD R. Gandhi, Associate Counsel