Citation Nr: 18112014
Decision Date: 06/18/18	Archive Date: 06/18/18

DOCKET NO. 15-15 004
DATE:	June 18, 2018
REMANDED
Entitlement to service connection for sleep apnea, to include as secondary to the Veteran’s service-connected post-traumatic stress disorder (PTSD), is remanded.
Entitlement to an increased disability rating for service-connected PTSD is remanded.
REASONS FOR REMAND
The Veteran served on active duty from March 2002 to June 2005.  He received the Combat Infantryman Badge, among other decorations, for this service.  This matter comes before the Board of Veterans’ Appeals (Board) from January 2014 and October 2014 rating decisions.  The Veteran testified before the undersigned Veterans Law Judge during an October 2015 videoconference hearing.
1. Entitlement to service connection for sleep apnea, to include as secondary to the Veteran’s service-connected PTSD, is remanded.
The Veteran seeks service connection for sleep apnea.  The Veteran claims that he has sleep apnea which is related to his active duty service, or alternatively related to his service-connected post-traumatic stress disorder (PTSD).  
There is insufficient medical evidence in the record to decide this issue.  The Veteran should be scheduled for a VA examination to determine the nature and etiology of the Veteran’s claimed sleep apnea.  In addition, the RO should obtain any outstanding treatment records related to the Veteran’s claimed sleep apnea.
2. Entitlement to an increased disability rating for service-connected PTSD is remanded.
The Veteran is seeking an increased rating for his service-connected PTSD as he alleges that it is more severe than it is currently rated.  The Veteran has provided testimony that his symptoms have increased in severity.  
The Veteran also testified that he was treated by multiple treatment providers for his PTSD.  Complete records of the treatment received by the Veteran do not appear to be associated with the claims file.  On remand, updated treatment records should be obtained.
The matters are REMANDED for the following action:
1. Ask the Veteran to complete a VA Form 21-4142 for each treatment provider who has treated the Veteran’s PTSD. Make two requests for the authorized records from each facility or physician authorized by the Veteran, unless it is clear after the first request that a second request would be futile.
2. Ask the Veteran to complete a VA Form 21-4142 for each treatment provider who has treated the Veteran’s claimed sleep apnea disorder. Make two requests for the authorized records from each facility or physician authorized by the Veteran, unless it is clear after the first request that a second request would be futile.
3. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any diagnosed sleep apnea disability.  The examiner must opine whether:
a) it is at least as likely as not related to an in-service injury, event, or disease.  
b) it is at least as likely as not (1) proximately due to the Veteran’s service-connected PTSD, or (2) aggravated beyond its natural progression by the Veteran’s service-connected PTSD.
4. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his PTSD.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria.  

 
 
H. SEESEL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Boal, Associate Counsel