Citation Nr: 21071696 Decision Date: 12/01/21 Archive Date: 12/01/21 DOCKET NO. 18-37 631 DATE: December 1, 2021 REMANDED Entitlement to service connection for sleep apnea is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1992 to December 1993. The matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2016 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In an August 2019 Board decision, the Board reopened the claim for service connection for sleep apnea and remanded the matter for further development. In an October 2020 decision, the Board denied service connection for sleep apnea. The Veteran appealed the Board's decision to the United States Court of Appeals for Veterans Claims (Court). In a July 2021 Order, the Court granted a Joint Motion for Remand (JMR) that vacated the Board's October 2020 decision and remanded the claim to the Board for action consistent with the JMR. At the time that the claim was filed, the Veteran was represented by the Texas Veterans Commission (TVC). In November 2021, the Veteran revoked representation by the TVC. Pursuant to 38. C.F.R. § 14.631(f)(1), an appellant can revoke his representative, in order to become unrepresented, at any time. As the Veteran indicated he wanted to represent himself, the Board will consider the Veteran unrepresented. In the July 2021 JMR, the Court found that remand was warranted in order to obtain a medical opinion that addresses the Veteran's lay statements. Specifically, the Court noted that the January 2020 VA examiner did not address an in-service diagnosis or discuss whether the Veteran's reported in-service exposure to dust or fumes caused his sleep apnea. Accordingly, the Court directed the Board to obtain a medical opinion that complies with the August 2020 remand directives and addresses the Veteran's lay statements. In compliance with the July 2021 JMR, the matter is therefore remanded to obtain a VA examination and addendum medical opinion. The matter is REMANDED for the following action: 1. Obtain updated VA treatment records, and any identified private treatment records. 2. Thereafter, schedule the Veteran for an examination with a qualified medical professional to determine the nature and etiology of his sleep apnea. Following a review of the claims file, the examiner is asked to opine as to whether it is at least as likely as not (a 50 percent or greater probability) that the Veteran's sleep apnea had its onset during active service and/or is otherwise etiologically related to service, to include reported in-service exposure to dust and/or fumes. Please explain why or why not. In providing the requested opinion, the examiner is asked to elicit from the Veteran a detailed medical history regarding the onset and continuation of symptoms associated with his sleep apnea from active duty to the present as well as his reported in-service exposure to dust or fumes. A complete rationale must be provided for all opinions expressed. If the examiner is unable to provide an opinion without resort to speculation, an explanation as to why this is so should be provided and any additional evidence that would be necessary before an opinion could be rendered should be identified. Jenna Brant Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Robinson, 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.