Citation Nr: 18123770 Decision Date: 08/03/18 Archive Date: 08/02/18 DOCKET NO. 15-30 312 DATE: August 3, 2018 REMANDED Service connection for obstructive sleep apnea (OSA) is remanded. Service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), is remanded. REASONS FOR REMAND The Veteran served in the National Guard with periods of active duty, including from July 1989 to November 1989, March 2002 to August 2002, January 2004 to April 2006, and June 2007 to May 2008. The Veteran had a hearing before the undersigned in July 2017. 1. Service connection for OSA is remanded. During the July 2017 Board hearing, the Veteran reported that he received private treatment for his OSA and that he would submit those records to VA. Those records have yet to be received by VA. A remand is required to allow VA to obtain authorization and request these records. For both claims, evidence indicates that there may be outstanding relevant VA treatment records, including from prior to March 2015 and from September 2016 to the present. Any VA treatment records are within VA’s constructive possession, and are considered potentially relevant to the issues on appeal. A remand is required to allow VA to obtain them. 2. Service connection for an acquired psychiatric disorder, to include PTSD, is remanded. The Veteran indicated during his hearing that he receives treatment from the Beaumont Vet Center. A remand is required to allow VA to request these potentially relevant records. During his hearing, the Veteran reported in-service stressors involving his 2007 service in Iraq, including from working in a detainee house and the death of an inmate. A remand is required to allow VA to attempt to corroborate the Veteran’s reported stressors. More information is needed to allow the Board to make a fully-informed decision, given the conflicting evidence of record a new VA examination is necessary. The matter is REMANDED for the following actions: 1. Obtain ALL the Veteran’s VA treatment records for the period from prior to March 2015 and from September 2016 to the present. 2. Ask the Veteran to complete a VA Form 21-4142 for the Vet Center in Beaumont, Texas. After authorization is received, obtain any treatment records. Document all requests for information as well as all responses in the claims file. 3. Ask the Veteran to complete a VA Form 21-4142 for his private medical provider for OSA, reported during the July 2017 Board hearing. Make two requests for the authorized records from that facility, unless it is clear after the first request that a second request would be futile. 4. Attempt to corroborate the Veteran’s in-service stressors. If more details are needed, contact the Veteran to request the information. 5. After the above record and stressor development has been accomplished, schedule the Veteran for a psychiatric examination to determine the nature and etiology of any posttraumatic stress disorder (PTSD). If the Veteran is diagnosed with PTSD, the examiner must explain how the diagnostic criteria are met and opine whether it is at least as likely as not related to a verified in-service stressor or fear of hostile military or terrorist activity. If any other acquired psychiatric disorders are diagnosed, the examiner must opine whether each diagnosed disorder is at least as likely as not related to a verified in-service injury, event, or disease. If the examiner finds that the Veteran DOES NOT meet the criteria for any diagnosis of an acquired psychiatric disorder, to include PTSD, he/she should explain the medical basis for that finding, and should reconcile his/her opinion with the other findings and opinions of VA or private medical providers (such as the private opinion provided in January 2018) and the December 2014 VA examination. The basis for each opinion is to be fully explained with a complete discussion of the pertinent lay and medical evidence of record and sound medical principles, including the use of any medical literature (if deemed warranted) or studies, which may reasonably explain the medical guidance in the study of this case. H.M. WALKER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Department of Veterans Affairs