Citation Nr: 21014293 Decision Date: 03/11/21 Archive Date: 03/11/21 DOCKET NO. 17-56 137A DATE: March 11, 2021 REMANDED Entitlement to service connection for obstructive sleep apnea is remanded. REASONS FOR REMAND The Veteran has several periods of service, including active duty for training from September 1986 to February 1987 and January 1990 to June 1990, active duty service from January 2003 to July 2003, and additional service with the Army National Guard. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida which denied entitlement to service connection for obstructive sleep apnea. The Veteran timely appealed. In November 2020, the Veteran testified before the undersigned Veterans Law Judge in a videoconference hearing. A copy of the hearing transcript is of record. Entitlement to service connection for obstructive sleep apnea is remanded. VA will provide a medical examination or obtain a medical opinion if the evidence indicates the existence of a current disability or persistent or recurrent symptoms of a disability that may be associated with an event, injury, or disease in service, but the record does not contain sufficient medical evidence to decide the claim. 38 U.S.C. § 5103A (d)(2); 38 C.F.R. § 3.159 (c)(4)(i); McLendon v. Nicholson, 20 Vet. App. 79 (2006). The threshold for determining whether the evidence “indicates” that there “may” be a nexus between a current disability and an in-service event, injury, or disease is a low one. McLendon, 20 Vet. App. at 83. The record reflects that the Veteran has been diagnosed with severe obstructive sleep apnea syndrome. Further, the Veteran’s service treatment records contain complaints of both difficulty sleeping and difficulty breathing. He also competently and credibly testified to the same during his November 2020 videoconference hearing. However, the Veteran has not been afforded a VA examination to determine the nature and etiology of his claimed obstructive sleep apnea condition. The Board finds that the threshold described in McLendon has been met, and a VA examination and opinion must be obtained to make an informed decision on the Veteran’s claim of entitlement to service connection for sleep apnea. McLendon, 20 Vet. App. at 83; see Colvin v. Derwinski, 1 Vet. App. 171, 175 (1991) (the Board is not competent to substitute its own opinion for that of a medical expert). The matters are REMANDED for the following action: Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of the Veteran's sleep apnea. The examiner must opine whether the Veteran's obstructive sleep apnea had its onset during active service or is at least as likely as not related to an in-service injury, event, or disease, to include documented instances of difficulty sleeping and difficulty breathing. It should also be noted that the Veteran is competent to attest to matters of which he has first-hand knowledge, including observable symptomatology, such as difficulty sleeping and difficulty breathing. The examiner must provide a clear explanation for the opinion, to include any comment on any credibility issues raised by the record from a medical perspective. JENNIFER HWA Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board L. Bush 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.