Citation Nr: 21004454 Decision Date: 01/27/21 Archive Date: 01/27/21 DOCKET NO. 17-17 930 DATE: January 27, 2021 REMANDED Entitlement to service connection for sleep apnea is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Air Force from April 1982 to August 1992. This appeal comes before the Board of Veterans’ Appeals (Board) from a May 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In March 2020, the Veteran testified at a video conference hearing before the undersigned Acting Veterans Law Judge. A transcript of the hearing is available in the record. The Board finds that more development is necessary prior to final adjudication of the claims on appeal. The Veteran seeks service connection for sleep apnea that he asserts began in service. He also contends that his sleep apnea is due to his service in the Gulf War. See July 2016 Notice of Disagreement; April 2017 Form 9. The Veteran’s available service records do not show deployment to the Persian Gulf, but do confirm he served in the Air Force Reserves until April 1995. The Agency of Original Jurisdiction (AOJ) should attempt to verify the Veteran’s period of active duty for training or inactive duty for training. The Veteran’s claims file does not appear to contain his complete service personnel and treatment records for his period of service in the Air Force Reserve. As they may contain information regarding the Veteran’s dates of service and report of deployment to the Persian Gulf, a remand is required to obtain them. Furthermore, the Veteran reports experiencing daytime somnolence and snoring. A July 2020 VA examination and the Veteran’s medical records indicate the Veteran’s symptoms are diagnosed as sleep apnea. However, the pathophysiology and etiology of this condition is unclear. Accordingly, on remand, a medical opinion must be obtained to discuss these matters. The matters are REMANDED for the following action: 1. Obtain the Veteran’s complete service personnel records, to include all documents pertaining to his service in the Air Force Reserve. Verify all active duty for training and inactive duty training dates for alleged service in the Air Force Reserve from 1992 to 1995. If necessary, a request should be made to the Defense Finance and Accounting Service (DFAS). Document all requests for information as well as all responses in the claims file. 2. Obtain the Veteran’s complete service treatment records, to include documents pertaining to his service in the Air Force Reserve from 1992 to 1995. Document all requests for information as well as all responses in the claims file. 3. Obtain an opinion from an appropriate clinician to determine the nature and etiology of the Veteran’s sleep apnea. The examiner must review the entire claims file, including a copy of this remand. The examiner is asked to provide responses to the following: A) Is the etiology of the Veteran’s sleep apnea (1) inconclusive, (2) partially understood, or (3) fully understood? This determination must be based on the Veteran’s specific case and cannot be based on the etiology of the disease or disability population as a whole. B) Is the pathophysiology of the Veteran’s sleep apnea (1) inconclusive, (2) partially understood, or (3) fully understood? This determination must be based on the Veteran’s specific case and cannot be based on the pathophysiology of the disease or disability population as a whole. C) If both the etiology and pathophysiology are partially understood or fully understood, then is it at least as likely as not (a 50 percent or greater probability) that the Veteran’s sleep apnea was incurred in, or is otherwise related to, his active service? A complete rationale must be provided for all opinions expressed. Only if the examiner cannot provide the required opinions based solely on the available record, schedule the Veteran for an in-person examination. In providing the requested opinion, consider the Veteran’s description of his in-service symptoms as well as his post-service symptoms. If there is any medical reason to accept or reject the proposition that the Veteran’s reported symptoms in service and thereafter represented the onset of his current disability, this should be noted. Stated another way, do the Veteran’s reports about his symptoms align with how the currently diagnosed disability is known to develop or are the Veteran’s reports generally inconsistent with medical knowledge or implausible? 4. After the above development, and any additionally indicated development, has been completed, readjudicate the issue on appeal. If any benefit sought is not granted to the Veteran’s satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond. If necessary, return the case to the Board for further appellate review. James A. DeFrank Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Zimmerman 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.