Citation Nr: 21075228 Decision Date: 12/17/21 Archive Date: 12/17/21 DOCKET NO. 17-17 199 DATE: December 17, 2021 REMANDED Entitlement to service connection for obstructive sleep apnea (OSA), to include as due to herbicide agent exposure or secondary to service-connected disabilities, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from February 1965 to February 1968. This matter originally came before the Board of Veterans' Appeals (Board) on appeal from a February 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In December 2019, the Board issued a decision denying service connection for OSA. The Veteran appealed the matter to the U.S. Court of Appeals for Veterans Claims (Court), which vacated the December 2019 Board decision, pursuant to a December 2020 Joint Motion for Remand (JMR). The Court remanded the matter for action consistent with the terms of the JMR and the Board subsequently remanded the matter for further development. 1. Entitlement to service connection for OSA, to include as due to herbicide agent exposure or secondary to service-connected disabilities, is remanded. Throughout the period on appeal, the Veteran has advanced multiple theories of service connection, including service connection on a direct basis as due to herbicide agent exposure. In September 2015 and July 2016 VA Forms 21-526EZ, the Veteran contended that his OSA was due to Agent Orange. In May 2018, the Veteran's representative contended that his OSA was a result of military service. In the Veteran's December 2020 Appellate Brief, he again raised a theory of direct service connection. The Board notes, however, that the Veteran's complete military personnel records may not have not been associated with the claims file. In June 1994, a record indicated that the Veteran's personnel file was requested by the agency of original jurisdiction (AOJ). See Jun. 1994 SHARE Print Screen. However, in a September 1994 rating decision, the AOJ stated that the Veteran's personnel file was requested, but had not been received. VA will make as many requests as necessary to obtain relevant records from a federal department or agency, to include military records. See 38 C.F.R. § 3.159(c)(2). Accordingly, the matter must be remanded to obtain the Veteran's personnel records, as they may provide additional evidence as to his claim for service connection for OSA as due to herbicide exposure. If the AOJ concludes that such records do not exist or that further efforts to obtain them would be futile, documentation of such a finding must be associated with the claims file. The matters are REMANDED for the following action: 1. Obtain and associate the Veteran's complete personnel records with the claims file. If any records are not available, or the search for such records otherwise yields negative results, such a finding must be clearly documented in the claims file. (Continued on the next page) 2. After completing directive (1), perform any further indicated development, including but not limited to scheduling the Veteran for a VA examination as his claim for service connection for obstructive sleep apnea. A. S. CARACCIOLO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R. Watkins, 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.