Citation Nr: 20009974 Decision Date: 02/06/20 Archive Date: 02/05/20 DOCKET NO. 16-22 991 DATE: February 6, 2020 REMANDED Entitlement to service connection for obstructive sleep apnea is remanded. REASONS FOR REMAND The Veteran served on active duty from December 1989 to November 1993 and from October 2002 to November 2007. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Philadelphia, Pennsylvania. The Veteran testified at a hearing before the undersigned Veterans Law Judge in November 2019. 1. Entitlement to service connection for obstructive sleep apnea is remanded. Additional development is necessary with regard to the Veteran's claim. Although the Board sincerely regrets the delay, it is necessary to ensure that there is a complete record upon which to decide his claim so that he is afforded every possible consideration. At his November 2019 Board hearing, the Veteran testified that he developed obstructive sleep apnea as a result of active service. Specifically, he testified that during active service, he suffered with respiratory issues, including wheezing and difficulty breathing. See November 2019 Board Hearing. He thought these were symptoms of asthma, and so he claimed that condition on his service treatment records and initial VA intake examinations during active service. See id. The VA intake examiner failed to diagnose the Veteran with asthma. The Veteran testified that he did not know what sleep apnea was at the time, and so never complained of the condition during active service. See id. However, the Veteran stated that other service members reported that he snored loudly during their time in active duty, telling him “we really heard you last night…you were really sawing logs.” See id. The Veteran continued to suffer from loud snoring upon leaving active duty, with his wife often witnessing his snoring. See id. After separating from service, the Veteran eventually learned what obstructive sleep apnea was and made an appointment for a sleep study at the VA. See id. He was officially diagnosed with severe obstructive sleep apnea in July 2013. See July 2013 Sleep Study. The Board finds at least an indication that the Veteran’s obstructive sleep apnea is related to his active service. On remand, he should be afforded a VA examination to determine whether any current obstructive sleep apnea is related to his active service. See 38 U.S.C. § 5103A; 38 C.F.R. §§ 3.159(c)(4), 3.326(a); McLendon v. Nicholson, 20 Vet. App. 79, 83 (2006) (reflecting that VA will provide a medical examination or obtain a medical opinion if the evidence indicates the existence of a current disability or persistent or recurrent symptoms of a disability that may be associated with an event, injury, or disease in service, but the record does not contain sufficient medical evidence to decide the claim). The matters are REMANDED for the following action: 1. Obtain the Veteran’s updated VA treatment records. 2. Schedule the Veteran for a VA examination by an appropriate clinician to determine the nature and etiology of his obstructive sleep apnea. The entire claims file and a copy of this REMAND must be made available to the examiner in conjunction with the examination. The examiner must note in the examination report that the evidence in the claims file has been reviewed. (a) The examiner must opine as to whether it is at least as likely as not that the Veteran’s obstructive sleep apnea had its onset during service or is related to any incident of service. • In providing this opinion, the examiner should consider the Veteran’s statements that he suffered with respiratory issues, including wheezing and difficulty breathing, during service; that other service members told him that he snored loudly during service; and that he continued to suffer from loud snoring upon leaving active duty, with his wife often witnessing his snoring. • The examiner should also consider the September 2007 VA examination report (conducted while the Veteran was still on active duty) showing that he reported gaining weight from 222 pounds to 260 pounds within a 30-month period, sleeping upright with shortness of breath, and feeling fatigued and tired. The examiner must provide a complete rationale for his/her opinion. P.M. DILORENZO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Mohammad 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.