Citation Nr: 19190840 Decision Date: 12/03/19 Archive Date: 12/03/19 DOCKET NO. 16-07 632 DATE: December 3, 2019 REMANDED Entitlement to service connection for sleep apnea, to include as due to an undiagnosed illness or a medically unexplained chronic multisymptom illness under 38 C.F.R. § 3.317 is remanded. REASONS FOR REMAND The Veteran had active duty service with the United States Air Force from September 2001 to November 2004 . This appeal comes to the Board of Veterans’ Appeals (Board) from a December 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Lincoln, Nebraska. In October 2018, the Board denied the Veteran’s claim for entitlement to service connection for sleep apnea. Subsequently, the Veteran appealed this decision to the Court of Appeals for Veterans Claims (Court). In July 2019, the Court issued an order that vacated and remanded the Board decision for compliance with the Joint Motion for Remand (JMR). Entitlement to service connection for sleep apnea, to include as due to an undiagnosed illness or a medically unexplained chronic multisymptom illness under 38 C.F.R. § 3.317 is remanded. As noted above, the Board previously denied this case in October 2018. That denial was based at least in part on the findings of VA opinions of December 2014 and December 2015. The Joint Motion identified the findings of these opinions to be inadequate. The Board’s remand directives below seek to cure these defects. That said, the Board is also concerned that, to this point, the Veteran’s claim for service connection has been construed too narrowly. The claim at issue here originated with a claim specifically for service connection for sleep apnea. However, when the Veteran initially filed his claim in January 2005, the Veteran sought service connection for a sleep disorder in general. As outlined in the Board’s October 2018 denial, the Veteran had in-service complaints of sleep problems; whether these problems were best classified as sleep apnea or as a separate sleep disorder resulting from the Veteran’s now service-connected headaches is not clear. Regardless, the records suggest that the Veteran may have a sleep disorder other than sleep apnea that may have had its onset in service or is otherwise related to his service-connected cephalgia. Further inquiry is required on this point before proceeding to a decision. The matters are REMANDED for the following action: 1. Obtain any VA treatment or private treatment records and associate with the claims file. 2. Schedule the Veteran for a VA examination to determine the nature and possible relationship to service of his sleep apnea or any other identified sleep disorder. All necessary tests should be performed. The Veteran’s claims file, including a copy of this remand, must be provided to the examiner prior to the examination. The examiner should address the following: (a) From what current sleep disorders, to include sleep apnea and any other identified disabilities, does the Veteran currently suffer? (b) With regard to his sleep apnea, is it at least as likely as not that this disability had its onset during or is otherwise related to his active service? In answering this question, the examiner must discuss the lay statements from the Veteran and his wife regarding his in-service symptoms, as well as the Veteran’s in-service sleep related complaints. (c) With regard to his sleep apnea, is it at least as likely as not that this disability is proximately due to, the result of, or aggravated by his service-connected cephalgia? (d) With regard to any identified sleep disorder other than sleep apnea, is it at least as likely as not that this disability had its onset during or is otherwise related to the Veteran’s active service? As above, in answering this question, the examiner must discuss the lay statements from the Veteran and his wife regarding his in-service symptoms, as well as the Veteran's in-service sleep related complaints. (e) With regard to any identified sleep disorder other than sleep apnea, is it at least as likely as not that this disability is proximately due to, the result of, or aggravated by the Veteran’s service-connected cephalgia. A complete rationale for all opinions requested must be provided. 3. Prior to issuing a supplemental statement of the case, the Agency of Original Jurisdiction must review all obtained examinations and opinions to ensure that each of the above delineated questions has been adequately answered. If any questions remain unanswered, obtain satisfactory answers prior to issuing an SSOC. Evan M. Deichert Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Crawford, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.