Citation Nr: 21024947 Decision Date: 04/27/21 Archive Date: 04/27/21 DOCKET NO. 16-29 350 DATE: April 27, 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 April 1976 to September 1997; to include over 7 years of sea service. For his meritorious service, the Veteran was awarded the Navy Commendation Medal and the Navy Achievement Medal with 1 Gold Star, among other decorations. In November 2018, the Board previously remanded the current claim for additional development. Entitlement to service connection for sleep apnea is remanded. In September 2015, the Veteran’s private treating physician submitted a letter in support of the Veteran’s claim. The physician indicated that the Veteran had symptoms of snoring and fatigue in while in service. The physician noted that the Veteran’s wife and his former shipmate witnessed snoring and apneas from the Veteran while stationed at the Fleet Training Center in San Diego. He also opined that it was more likely than not that the Veteran suffered from symptoms and complications of obstructive sleep apnea while in service. In the November 2018 Board remand, the Board found that the September 2015 private treating physician’s letter was unpersuasive because the physician did not explain how the Veteran’s medical history was highly characteristic of others with sleep apnea. Thus, the Board remanded for a new opinion. The Veteran appeared for a VA examination in October 2019 to determine the nature and etiology of his obstructive sleep apnea. The examiner opined that the Veteran’s disability was less likely than not related to his military service. The examiner explained snoring noted during service established a risk factor for sleep apnea but did not establish a diagnosis. The Board finds that the October 2019 VA medical opinion is inadequate. In this regard, while the examiner addressed statements of snoring, the examiner did not address statements suggesting that the Veteran had apneas and fatigue during active duty service. Therefore, remand is warranted to obtain a VA addendum opinion consistent with the directives herein. The matter is REMANDED for the following action: Obtain a VA medical opinion from an appropriate examiner to determine the nature and etiology of the Veteran's sleep apnea. The claims folder (including a copy of this remand) must be provided to and reviewed by the examiner. The examiner should opine as to whether it is at least as likely as not (i.e., 50 percent probability or greater) that the Veteran's sleep apnea had its onset in or is otherwise related to his active duty service. In rendering the opinion above, the examiner should specifically consider and discuss the October 2015 buddy statements from the Veteran’s wife and fellow service member. The examiner must also consider and discuss the September 2015 private physician statement that documents the Veteran’s reports of experiencing snoring and fatigue during his time in service. A rationale for all requested opinions shall be provided. If the examiner cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation stating why this is so. In so doing, the examiner shall explain whether the inability to provide a more definitive opinion is the result of a need for additional information or that he or she has exhausted the limits of current medical knowledge in providing an answer to that particular question. PAUL E. METZNER Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. K. Hall, 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.