Citation Nr: 21075569
Decision Date: 12/20/21	Archive Date: 12/20/21

DOCKET NO. 18-44 942
DATE: December 20, 2021

REMANDED

Entitlement to service connection for hypoxemia to include as secondary to the Veteran's service-connected sleep apnea is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1999 to March 2006.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2015 of the Department of Veterans Affairs (VA) Regional Office (RO).

In August 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge.  A transcript is associated with the evidentiary record.

1. Entitlement to service connection for hypoxemia to include as secondary to the Veteran's service-connected sleep apnea is remanded.

The Veteran contends that he is entitled to service connection for hypoxemia.  During his August 2021 hearing testimony, the Veteran testified that he was exposed to burn pits in service.  He further testified that he began having breathing problems in service around late 2005 to early 2006. Alternatively, in a December 2015 fully developed claim the Veteran alleged that his hypoxemia is secondary to his service-connected sleep apnea.  November 2007 VA treatment records note that the Veteran has significant hypoxemia. Despite evidence of a current disabilities and the Veteran's contentions regarding an in-service event, the Veteran has not been afforded a VA examination for his hypoxemia.  Further, the record does not contain an etiological opinion regarding the Veteran's hypoxemia.  As such, remand is warranted for a VA examination. 

The matters are REMANDED for the following action:

1. Obtain all outstanding VA treatment records. 

2. After all outstanding VA treatment records have been obtained, schedule the Veteran for a VA examination by an appropriate clinician for his hypoxemia.  The examiner must review the claims file.

The examiner is asked to provide a response to the following:

 Is the Veteran's hypoxemia at least as likely as not related to service, including burn pit exposure and/or breathing problems during service?

Is the Veteran's hypoxemia at least as likely as not proximately due to the Veteran's service-connected sleep apnea?

Is the Veteran's hypoxemia at least as likely as not aggravated, i.e., worsened beyond its natural progression, by the Veteran's service-connected sleep apnea?  

(Continued on the next page)

 

The Veteran is to be presumed credible for the limited purpose of this examination.

 

 

Jennifer White

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Wimbish, 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.