Citation Nr: 21027163
Decision Date: 05/04/21	Archive Date: 05/04/21

DOCKET NO. 18-30 065
DATE: May 4, 2021

REMANDED

Entitlement to service connection for sleep apnea.

REASONS FOR REMAND

The Veteran served on active duty from December 1966 to April 1967 and from April 1985 to October 1988.  

In December 2020, the Veteran testified at a hearing before the undersigned Veterans Law Judge.  A copy of the transcript has been associated with the claims file.   

A medical opinion as to the etiology of the Veteran's sleep apnea has not been obtained.  He testified in December 2020 that he experienced daytime sleepiness in service and that his fellow service members complained about his snoring.  He also submitted lay statements from fellow service members attesting to his snoring and falling asleep during duty hours in service.  Therefore, the low evidentiary threshold for obtaining a medical opinion has been met and a remand is needed.

The matter is REMANDED for the following actions:

1. Undertake appropriate development to obtain any outstanding, relevant treatment records.

2. Direct the claims file to a clinician to obtain a medical opinion as to the etiology of sleep apnea.  Upon review of the record, the clinician is asked to offer an opinion as to the following: 

	whether it is at least as likely as not (50 percent probability or more) that the Veteran's sleep apnea originated during service or is otherwise etiologically related to service.

The clinician is asked to accept the Veteran's statements and those of his fellow servicemembers that he snored during service and experienced daytime sleepiness.

A rationale for each opinion expressed must also be provided.  If the clinician is unable to provide any required opinion, he or she should explain why.  

If the clinician cannot render an opinion without a clinical examination of the Veteran, such examination should be scheduled. 

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. M. Schaefer, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.