Citation Nr: 21020810 Decision Date: 04/07/21 Archive Date: 04/08/21 DOCKET NO. 19-24 686 DATE: April 7, 2021 REMANDED Entitlement to service connection for obstructive sleep apnea (OSA) is remanded. REASONS FOR REMAND The Veteran had active service from September 1984 to September 2004. The Veteran had a hearing before the undersigned Veterans Law Judge in February 2020. A transcript has been associated with the file. The Board regrets the delay, but finds a remand is warranted. The Veteran was seen for sleep problems while in service. (See e.g. September 2003, October 2003 service treatment records.) The Veteran’s medical records also show she has been in treatment for sleep disturbances and that she was diagnosed with sleep apnea in January 2014. The Veteran was afforded an examination to determine the etiology of her sleep problems in May 2018. However, at that time, the Veteran’s sleep study showed she did not have a diagnosis of sleep apnea and therefore, the examiner said it was less likely than not the Veteran’s claimed condition was due to her time in service. However, at her February 2020 hearing, the Veteran said prior to her 2018 sleep study, she took medication which may have impacted the accuracy of the sleep study. The Board finds that it is possible that the results of the May 2018 sleep study could have been inaccurate if the Veteran had taken sleep medication prior to the study. Additionally, the May 2018 examiner did not take into account the Veteran’s January 2014 diagnosis of sleep apnea. Therefore, a remand is warranted in order to afford the Veteran with a new sleep study and if a diagnosis is shown, an opinion as to the etiology of the diagnosed condition which also considers her previously diagnosed sleep apnea. The matters are REMANDED for the following action: 1. The AOJ should obtain any of the Veteran’s outstanding VA and private medical records and associate them with the claims file (if any). If possible, the Veteran herself should submit any pertinent new evidence regarding the condition at issue in order to expedite the claim. 2. Schedule the Veteran for an examination to determine whether she has a current diagnosis of sleep apnea and to determine the etiology of her sleep apnea. The examiner should opine as to the following: (a) Whether it is at least as likely as not the Veteran’s sleep apnea was incurred in or due to her time in service. (b) Whether it is at least as likely as not the Veteran’s sleep apnea was aggravated by any of her service-connected disabilities. (c) Whether it is at least as likely as not the Veteran’s sleep apnea is proximately due to any of her service-connected disabilities. Any opinion offered by the examiner should be supported by an explanation that includes consideration of the Veteran’s statements. (Continued on the next page)   The Board notes that the record shows the Veteran has been diagnosed with her claimed disability during the pendency of her appeal. Therefore, unless the examiner can explain a clear error with her previous diagnosis, an opinion as to etiology must still be sought, even if the results of the sleep study performed on remand conclude she does not currently have sleep apnea. 3. After undertaking any other appropriate development deemed necessary, readjudicate the issues on appeal, based on the additional evidence of record. If the determinations remain averse to the Veteran, she must be provided with a supplemental statement of the case. An appropriate period of time must then be allowed for a response before the record is returned to the Board for further review. John J. Crowley Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Snoparsky 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.