Citation Nr: 20021232 Decision Date: 03/25/20 Archive Date: 03/25/20 DOCKET NO. 19-28 792 DATE: March 25, 2020 REMANDED Service connection for obstructive sleep apnea (OSA), to include on a secondary basis is remanded. REASONS FOR REMAND The Veteran served honorably from July 1992 to January 2001. This matter comes before the Board of Veterans’ Appeals (Board) from an October 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Baltimore, Maryland. The Veteran contends that his OSA is due to, or aggravated by, weight gain resulting from service-connected lumbar strain, right knee, headaches and dry feet. In October 2017, a VA examiner opined that the Veteran’s OSA was not, at least as likely as not, incurred in, or due to, his service. In September 2019, the Veteran’s attorney argued that the Veteran’s OSA should be granted on a secondary basis as due to, or aggravated by, the Veteran’s service-connected disabilities. Remand is necessary for an examination which addresses this new theory of entitlement.   The matter is REMANDED for the following action: Schedule the Veteran for an examination to determine the nature and etiology of any current obstructive sleep apnea (OSA). Following clinical evaluation and review of the claims file, the examiner must opine whether it is at least as likely as not (50 percent or greater probability) that OSA was caused or aggravated by the Veteran’s service-connected disabilities (lumbar strain, right knee disability, headaches and dry feet). The examiner is advised that the Veteran believes his OSA is caused by weight gain due to his service-connected disabilities. The rationale for the opinion must be provided. JOHN Z. JONES Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Pamela F. Mucklow 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.