Citation Nr: 18161293 Decision Date: 12/31/18 Archive Date: 12/31/18 DOCKET NO. 17-15 796 DATE: December 31, 2018 REMANDED Entitlement to service connection for obstructive sleep apnea is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran had active service from March 1974 to February 1994. 1. Entitlement to service connection for obstructive sleep apnea is remanded. A claim for service connection for sleep apnea was denied in January 2015 rating decision. The claim was denied because the evidence did not show a link between the diagnosed sleep apnea and service or a service-connected disability. The Veteran was notified of the decisions and did not appeal within the appeal period or submit pertinent evidence within the appeal period. In connection with the Veteran’s claim to reopen, evidence has been added to the record, which includes medical articles reporting that there is “limited evidence” that posttraumatic stress disorder was associated with an elevated risk of obstructive sleep apnea. The Board finds that new and material evidence has been received sufficient to reopen the previously denied claim. 38 C.F.R. § 3.156(a); Shade v. Shinseki, 24 Vet. App. 110, 117-18 (2010); Justus v. Principi, 3 Vet. App. 510, 513 (1992). Although the record includes a VA medical opinion, the Board finds the record would benefit if another opinion were obtained with consideration of the medical articles submitted by the Veteran. 2. Entitlement to a TDIU is remanded. The record indicates that the Veteran was previously in receipt of disability benefits from the Social Security Administration (SSA). These records could be relevant. Thus, further development to obtain those records is in order. The matters are REMANDED for the following action: 1. Undertake appropriate development to obtain a copy of any SSA disability determination(s) for the Veteran and a copy of the records associated with any such determination(s). 2. Undertake appropriate development to obtain any outstanding, pertinent evidence, notably VA treatment records not currently associated with the electronic record. 3. Obtain a competent medical opinion to determine the etiology of the sleep apnea. All pertinent evidence of record must be made available to and reviewed by the examiner. An appropriate medical professional should state an opinion as to whether there is a 50 percent or greater probability that the sleep apnea was caused or aggravated by the service-connected posttraumatic stress disorder. The rationale for all opinions expressed must be provided with consideration of the medical articles submitted by the Veteran and the April 2015 VA medical opinion. If the examiner is unable to provide any required opinion, the examiner should explain why. If the examiner cannot provide an opinion without resorting to mere speculation, a complete explanation as to why this is so should be provided. If the inability to provide a more definitive opinion is the result of a need for additional information, the additional information that is needed should be identified. (Continued on the next page)   4. Then, readjudicate the issues remaining on appeal, with consideration of all evidence associated with the record since the claims were most recently addressed by the AOJ. If any benefit sought on appeal is not granted to the Veteran’s satisfaction, the Veteran and his representative should be furnished a supplemental statement of the case and be provided the requisite opportunity to respond. Thereafter, the case should be returned to the Board for further appellate action, if otherwise in order. T. REYNOLDS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD N. Snyder, counsel