Citation Nr: 21075662 Decision Date: 12/21/21 Archive Date: 12/21/21 DOCKET NO. 18-29 050 DATE: December 21, 2021 REMANDED Service connection for sleep apnea is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1976 to March 1981 and from November 1982 to August 1999. This case is before the Board of Veterans' Appeals (Board) on appeal from an April 2015 rating decision issued by a Department of Veterans Affairs (VA) regional office. In September 2021, the Veteran testified before the undersigned Veterans Law Judge at a virtual hearing. A copy of the hearing transcript is in the claims file. Service Connection for Sleep Apnea The Veteran contends he had symptoms of sleep apnea during service. At hearing, he testified that other servicemembers complained he was a loud snorer, and that he would frequently wake up feeling fatigued or with headaches. He also testified that his current doctor suspects he had undiagnosed sleep apnea while on active duty. The record includes an April 2015 disability benefits questionnaire (DBQ) completed by "Dr. D.R.," non-VA physician. The DBQ confirms that the Veteran was diagnosed with obstructive sleep apnea after a March 2007 sleep study. However, Dr. D.R. did not provide a medical opinion regarding the specific onset or etiology of his sleep apnea. To date, the Veteran has not received a VA examination in connection with his claim. The record contains competent evidence of a current disability, evidence of possible in-service symptoms, and "an indication that the disability or persistent or recurrent symptoms of a disability may be associated with the [Veteran's] service." However, the Board finds that there is insufficient medical evidence on file to decide the claim. As such, remand to the agency of original jurisdiction for an examination is necessary. McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006). The Board by this remand makes no determination, expressed or implied, concerning the credibility of any statements on file. The matter is REMANDED for the following action: 1. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of his sleep apnea. After reviewing the claims file, including this remand, the examiner must provide an opinion on whether it is at least as likely as not (50 percent or greater probability) that the Veteran's sleep apnea was incurred in or is otherwise related to service. In particular, the examiner must consider and discuss the lay evidence regarding possible in-service symptoms of sleep apnea, including loud snoring and waking up feeling fatigued or with a headache, in the opinion. See e.g. September 2021 Transcript; May 2018 Statement in Support of Claim. 2. Review the medical opinion above to ensure substantial compliance with the Board's directives. Take any necessary corrective action. 3. Readjudicate the Veteran's claim. If it remains denied, issue a supplemental statement of the case and allow the Veteran and his representative the opportunity to respond. Then return to the Board for further appellate review. KELLI A. KORDICH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D.Z. Wall, 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.