Citation Nr: 21030429 Decision Date: 05/18/21 Archive Date: 05/18/21 DOCKET NO. 16-30 896 DATE: May 18, 2021 REMANDED Entitlement to service connection for obstructive sleep apnea is remanded. REASONS FOR REMAND The Veteran had active naval service from October 1984 to October 1988. This case comes before the Board of Veterans' Appeals (Board) on appeal from a November 2013 rating decision issued by a Regional Office (RO) of the Department of Veterans Affairs (VA). The Veteran was scheduled for a hearing before the Board in January 2020, but he failed to report to it. He has not provided good cause for his failure to appeal or requested to reschedule the hearing. Therefore, his hearing request is deemed withdrawn. The Board finds that additional development is required before the claim on appeal is decided. The Veteran maintains that his sleep apnea began during active service. He submitted two statements from fellow service members who stated that they recalled that the Veteran snored loudly during service and that he seemed to stop breathing. The Veteran's service treatment records are unremarkable for any complaints, treatment, or diagnoses related to sleep apnea. Post service, a March 2008 VA treatment record noted that he had signs and symptoms of obstructive sleep apnea. He was advised to follow up with his primary care physician for further evaluation. It is unclear whether a sleep study was done at that time. In December 2011, it was noted that sleep apnea was suspected. In February 2012, it was noted his symptoms were unchanged since 2008, when he was previously evaluated at VA. It was noted that he was receiving medical care at Memorial Health System between late 2008 and 2011. In February 2012, a sleep study revealed findings consistent with severe obstructive sleep apnea. In light of the statements from fellow service members, the evidence suggests that the Veteran's obstructive sleep apnea might have manifested during his military service. Therefore, the Board finds that a remand is necessary for a VA examination and medical opinion. See 38 C.F.R. § 3.159(c)(4); see also McLendon v. Nicholson, 20 Vet. App. 79 (2006). In addition, an attempt should be made to obtain relevant private treatment records from Memorial Health System. The matters are REMANDED for the following action: 1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file, to include private treatment records from Memorial Health System dated from 2008 to 2011. 2. Then, schedule the Veteran for a VA examination with an examiner with sufficient expertise to determine the nature and etiology of his obstructive sleep apnea. The claims file must be made available to, and reviewed by the examiner. Any indicated test or studies should be provided. Based on the examination results and a review of the record, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent probability or better) that any currently present obstructive sleep apnea had its onset during active service, or is otherwise etiologically related to such service. The examiner should address the statements submitted by fellow service members (received in April 2012), as well as the medical literature cited by the Veteran's representative in the November 2020 Written Brief Presentation. A rationale for all opinions expressed must be provided. 3. Confirm that the VA examination report and all opinions provided comport with this remand and undertake any other development found to be warranted. 4. Then, readjudicate the issue on appeal. If a decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board. R. Costello Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Mishalanie, 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.