Citation Nr: 18160992 Decision Date: 12/28/18 Archive Date: 12/28/18 DOCKET NO. 16-55 527 DATE: December 28, 2018 REMANDED Entitlement to service connection for sleep apnea is remanded. REASONS FOR REMAND The Veteran served on active duty from October 2007 to January 2010. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge (VLJ) at a Board hearing in July 2017. Entitlement to service connection for sleep apnea is remanded. Although further delay is regrettable, the Board finds that a new medical opinion is required before a decision can be rendered on the merits of the claim. At the November 2013 VA examinations, the examiner provided an opinion that the Veteran’s moderate obstructive sleep apnea is less likely as not related to his service or any exposure event during his deployment in Iraq, as asserted by the Veteran. The risk factors for sleep apnea identified were male gender and a weight gain. The examiner also noted the lack of any documentation regarding the Veteran’s sleep apnea symptoms during active duty service and deployment. During his July 2017 hearing, the Veteran addressed the November 2013 VA examination, which partly attribute his sleep apnea to a weight gain. The Veteran asserts that his alleged weight gain post-service is merely his putting back on the weight he lost while he was deployed. Medical examinations (between March and October 2008) in the record conducted while he was on active duty but before deployment show his weight as between 200-208 pounds. The Veteran testified that his weight went down 20 pounds, from 190 to 170 pounds, while he was deployed in Iraq (March to December 2009), when he says his sleep apnea symptoms began. A September 2009 medical exam that took place in Balad, Iraq does list his weight as 175 pounds. His most recent post-active duty weight in the record shows it at 197 pounds; no post-active duty records show his weight as going above 208 pounds. Thus, there is no record of a post-service weight gain; rather, the Veteran appears to now be at the same weight he was in the service prior to deployment. Accordingly, the Board finds the November 2013 opinion inadequate for decision making purposes as the rationale appears to be based on a faulty factual premise. Barr v. Nicholson, 21 Vet. App. 302, 312 (2007). Thus, a remand is necessary to obtain a new opinion. The matter is REMANDED for the following action: The claims file should be sent to an appropriate examiner. The examiner must review the record, to include a copy of this remand and must note that review in the report. The examiner should provide an opinion as to whether it is at least as likely as not (i.e., there is a 50 percent or greater probability) that sleep apnea had its onset in or is otherwise medically related to service. To the extent possible, the examiner should also reconcile his/her opinions with the other opinions of record. The examiner must consider the Veteran's lay statements regarding his symptoms. If the examiner attributes the Veteran’s sleep apnea to weight gain, the examiner should note that the Veteran’s highest recorded weight (approximately 208 pounds) was noted while the Veteran was on active duty, prior to his deployment. A complete rationale for all opinions expressed should be clearly provided. M. HYLAND Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Ariasaif, Associate Counsel