Citation Nr: 21063681
Decision Date: 10/15/21	Archive Date: 10/15/21

DOCKET NO. 17-31 461
DATE: October 15, 2021

REMANDED

Entitlement to service connection for obstructive sleep apnea is remanded.

REASONS FOR REMAND

The Veteran had active duty service from March 2012 to February 2016. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2016 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). 

Entitlement to service connection for obstructive sleep apnea is remanded.

After a review of the evidence, the Board finds that additional evidentiary development is necessary. The Veteran contends that his obstructive sleep apnea was incurred in service. 

The Veteran was afforded a December 2016 VA sleep examination by a nurse practitioner. The examiner opined that the Veteran had sleep apnea, but that it was less likely than not incurred in or causally related to service. The examiner also opined that the reported in-service sleep problems were less likely than not the earliest manifestations of the Veteran's current disability.

The Veteran submitted a lay statement from his spouse and his in-service roommate, both dated February 2017. Those lay statements relate to the in-service onset and severity of symptoms. The Veteran has not been afforded a medical opinion that has properly considered the lay statements which are relevant to the onset of the disability.

An opinion should be obtained to determine whether the Veteran's obstructive sleep apnea was more likely than not incurred in or otherwise causally related to service. A remand is required.  

The matters are REMANDED for the following action:

1. Obtain updated VA treatment records. 

2. Obtain an opinion from a physician regarding the nature and etiology of the Veteran's obstructive sleep apnea. An in-person examination is not required unless deemed necessary by the examiner. 

Following a complete review of the evidence of record and with consideration of the lay statements, assuming the statements are credible for the limited purpose of the request herein, the examiner is requested to provide the following opinion: 

Is it at least as likely as not (50% or greater probability) that the Veteran's obstructive sleep apnea was either incurred in or otherwise related to the Veteran's period of active service? 

The clinician should address all pertinent evidence, including both lay and medical evidence. The clinician should address the lay statements from the Veteran's spouse and in-service roommate.

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A complete rationale must be provided for all opinions offered.

 

Jennifer White

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Mookim, Hope P.

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.