Citation Nr: 21022055 Decision Date: 04/14/21 Archive Date: 04/14/21 DOCKET NO. 17-49 515 DATE: April 14, 2021 REMANDED Entitlement to service connection for sleep apnea is remanded. Entitlement to service connection for prostate cancer, to include as due to contaminated water at Camp Lejeune, is remanded. REASONS FOR REMAND The Veteran had active service from November 1975 to November 1979. The Veteran had a hearing before the undersigned Veterans Law Judge in February 2021. A transcript has been associated with the file. The Board regrets the delay but finds a remand is necessary. In his February 2021 hearing, the Veteran mentioned he had been treated in the 1980s at the Kingsbridge VA hospital in Bronx, New York. Those records are not in the Veteran’s file. Additionally, the Veteran has been diagnosed with both sleep apnea and prostate cancer. While the Board notes that prostate cancer is not one of the conditions subject to presumptive service connection for contaminated water in Camp Lejeune, the Veteran may be entitled to service connection on a direct basis for his claimed disabilities. The Veteran has reported someone in service said that he would stop breathing when he was sleeping and that he may have had prostate cancer while he was in service. (See February 2021 hearing transcript.) Therefore, the Board finds a remand is warranted in order to obtain examinations to determine the etiology of these conditions. McLendon v. Nicholson, 20 Vet. App. 79 (2006). The matters are REMANDED for the following action: 1. The AOJ should obtain any of the Veteran’s outstanding medical records and associate them with the claims file. Specifically, the AOJ should attempt to obtain records from the Kingsbridge VA hospital in the Bronx, NY. If possible, the Veteran himself should submit any pertinent evidence regarding the condition at issue in order to expedite the claim. 2. Schedule the Veteran for an appropriate VA examination for his 1) sleep apnea and his 2) prostate cancer. The record, to include a copy of this Remand, must be made available to and be reviewed by the examiner. The examiner should opine as to the following for each disability: (a) Whether it is at least as likely as not (a 50 percent or greater probability) that the Veteran’s disability was incurred during the Veteran’s service. (b) If the examiner finds the Veteran’s disability pre-existed service, whether it is at least as likely as not (a 50 percent or greater probability) that the Veteran’s disability was aggravated beyond its natural progression by his time in service. The examiner should offer a rationale for any opinion offered and specifically address the Veteran’s contentions and statements about his symptoms while in service. 3. After the requested development has been completed, together with any additional development as may become necessary, readjudicate the Veteran’s claim. If the benefit sought on appeal remains denied, issue to the Veteran and the Veteran’s representative a supplemental statement of the case and give an opportunity to respond thereto. 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.