Citation Nr: 21021885 Decision Date: 04/14/21 Archive Date: 04/14/21 DOCKET NO. 20-13 874 DATE: April 14, 2021 REMANDED Entitlement to service connection for sleep apnea is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from July 1959 to July 1963. In February 2021, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge. A transcript of the proceeding has been associated with the claims file. This case comes on appeal from an October 2018 rating decision by the Regional Office. The Veteran contends that his obstructive sleep apnea began during his active service, and that he experienced symptoms of sleep apnea in service, to include snoring, as well as moving around significantly in his sleep, such that it was noted by his bunkmates. The Veteran indicated at his hearing that he reported this problem to medical providers on the ship, but that they offered no treatment or clear diagnosis. While the Veteran was not diagnosed with obstructive sleep apnea until 1999, he has a current diagnosis of obstructive sleep apnea and he and his private treatment provider have raised the possibility that his sleep apnea began during active service. As such, the Veteran should be afforded a VA examination to determine the nature and etiology of his obstructive sleep apnea. See McClendon v. Nicholson, 20 Vet. App. 79 (2006). The matters are REMANDED for the following action: 1. Send the Veteran a letter informing him that he may provide lay statements from those who have first-hand knowledge of or were contemporaneously informed of his sleep apnea or its associated symptoms, to include statements from co-workers, supervisors, or friends as to what symptoms the Veteran manifested, and if possible, when those began. He should be provided an appropriate amount of time to submit this lay evidence. 2. Schedule the Veteran for a VA examination with an appropriate clinician to determine the nature and etiology of the Veteran’s currently diagnosed sleep apnea. The Veteran’s claims file should be made available for review and noted as such in the examination report. After a review of the claims file, the examiner should complete these actions: (a.) State whether it is at least as likely as not (probability of 50 percent or better) that the Veteran’s sleep apnea had its onset during service. (b.) The examiner’s opinion should discuss the private medical opinion currently of record on the subject from the Veteran’s private treatment provider dated February 2, 2021. (c.) The examiner’s opinion should address the lay evidence of record, including the Veteran’s and his wife’s February 2021 testimony about his snoring, daytime somnolence, and other potential symptoms of sleep apnea, including thrashing and restlessness in his sleep, which occurred during and shortly after his service. 3. A rationale should be provided for all opinions expressed. The examiner must connect all opinions made to the evidence of record and any medical literature referenced. If the examiner cannot provide an opinion without resort to speculation, the examiner should provide an explanation as to why this is so and whether there is additional evidence that would permit the opinion to be provided. 4. After completing the above actions, to include any other development as may be indicated by any response received as a consequence of the actions taken in the preceding paragraphs, the Veteran’s claim should be readjudicated based on the entirety of the evidence. MICHAEL E. KILCOYNE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board V. Geer, 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.