Citation Nr: 20023402 Decision Date: 04/06/20 Archive Date: 04/06/20 DOCKET NO. 17-03 126 DATE: April 6, 2020 REMANDED Entitlement to service connection for obstructive sleep apnea is remanded. REASONS FOR REMAND The Veteran, who is the appellant in the case, served in the United States Army from October 2006 to January 2015. He was awarded the Afghanistan Campaign Medal with 2 campaign stars and the Army Commendation Medal, among other decorations, for this service. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2016 rating decision by the San Diego, California Regional Office (RO). In February 2020, the Veteran testified in a Video Conference Hearing before the undersigned Veterans Law Judge (VLJ). A copy of the transcript has been associated with the Veteran's electronic claims file. 1. Service Connection for Sleep Apnea is remanded. The Veteran contends that service connection is warranted for his currently diagnosed obstructive sleep apnea. After review of the evidence, both lay and medical, a remand is necessary to allow for a fully informed decision. VA's duty to assist includes, in appropriate cases, the duty to conduct a thorough and contemporaneous medical examination which is accurate and fully descriptive. Floyd v. Brown, 9 Vet. App. 88, 93 (1996). VA must afford a veteran a medical examination and/or obtain a medical opinion when it is necessary to make a decision on his or her claim. 38 U.S.C. § 5103A(d) (2012); 38 C.F.R. § 3.159(c)(4) (2017). To that end, when VA undertakes to either provide an examination or to obtain an opinion, it must ensure that the examination or opinion is adequate. Barr v. Nicholson, 21 Vet. App. 303, 312 (2007). In December 2015, a Sleep Apnea DBQ was completed. However, the DBQ indicates a record check was completed and not an in-person examination of the Veteran. As such, the Veteran’s lay accounts of sleep difficulties in service were not considered. Further, the VA physician assistant who conducted the record review offered no opinion on the etiology of the currently diagnosed obstructive sleep apnea. Given the deficiencies in the December 2015 sleep apnea DBQ, a remand is necessary. The matters are REMANDED for the following action: 1. Associate any VA treatment records since October 2016 with the Veteran's electronic claims file. 2. After completion of the above-specified development, schedule the Veteran for a VA examination to determine the nature and etiology of currently diagnosed sleep apnea. The examiner should be requested to render an opinion regarding whether it is at least as likely as not (50 percent probability or greater) currently diagnosed sleep apnea, or any other sleep disorder, is related to service. In rendering the requested opinion, the VA examiner should specifically comment on a) The Veteran's reports of snoring, headaches, insomnia, and sleep deprivation in service. b) The Buddy statements from G.J. and N.G. The claims folder must be made available for review in connection with this examination. The examiner should provide a complete rationale for all conclusions reached. H. SEESEL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Teague, 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.