Citation Nr: 21025350 Decision Date: 04/27/21 Archive Date: 04/27/21 DOCKET NO. 15-25 287 DATE: April 27, 2021 REMANDED The issue of service connection for obstructive sleep apnea (OSA) is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Navy from May 1970 to September 1992. The issue of service connection for OSA is remanded. The matters are REMANDED for the following action: 1. BACKGROUND FOR THE RO ADJUDICATOR: Remand is necessary to attempt to retrieve records of reported in-service treatment for sleep and snoring problems. The Veteran has reported that he was treated by Canadian civilian medical facilities while stationed in Canada. Remand is also necessary to attempt to retrieve the report of a post-service sleep study which the Veteran stated was conducted by a physician in Florida. The Veteran is reminded that the duty to assist is a two way street. If he wishes help, he cannot passively wait for it in those circumstances where he may or should have information that is essential in obtaining the relevant evidence. Wood v. Derwinski, 1 Vet. App. 190, 193 (1991). The Veteran is asked to cooperate with any requests for information or documents so that VA may attempt to corroborate his contentions regarding OSA. After associating the above-requested records with the file, or documenting their unavailability in the record, the RO should afford the Veteran a VA examination, including an examination that determines whether the Veteran has a diagnosis of OSA if the sleep study report is not obtained. The October 2020 VA medical opinion indicated that the Veteran may not have OSA. 2. Send the Veteran a letter asking that he provide the name of each facility in Canada where he was treated in service for snoring and sleep problems. Also, ask the Veteran to provide the name of the provider and/or facility that conducted his post-service sleep study in Florida. Ask that he, alternatively, provide a copy of the sleep study report to VA. The RO must attempt to retrieve any records from the providers and/or facilities where the Veteran reports that he received treatment. 3. After associating the above-requested records with the file, or documenting their unavailability in the record, schedule the Veteran for a VA examination with a neurologist or somnologist to obtain an opinion as to the nature and etiology of OSA. All indicated tests and studies should be accomplished and the findings reported in detail. If VA has been unable to obtain a copy of the Veteran’s sleep study indicating a diagnosis of OSA, a sleep study should be provided in order to determine whether the Veteran has the disorder. All relevant medical records must be made available to the examiner for review of pertinent documents. The examination report should specifically state that such a review was conducted. The examiner must provide a comprehensive explanation for all opinions provided. The examiner should address the following: (a.) Whether OSA was caused by any in service event, injury, disease, or disorder, or in any way originated during service. In providing this opinion, the examiner must discuss the Veteran’s and his spouse’s reports of in service symptoms. (b.) Whether the Veteran’s service-connected disorders caused obesity (such as by preventing him from being able to exercise), which the October 2020 examiner stated was the cause of OSA. Service connection is currently in effect for mild left knee tricompartmental degenerative joint disease; status-post first MTP arthroplasty of the left foot and associated scar; tinnitus; and bilateral hearing loss. The examiner is advised that an opinion based solely on the lack of in-service treatment for or a diagnosis of OSA is inadequate. See 38 C.F.R. § 3.303(d). Jacqueline E. Miller Acting Veterans Law Judge Board of Veterans’ Appeals 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.