Citation Nr: 21032714 Decision Date: 05/27/21 Archive Date: 05/27/21 DOCKET NO. 14-31 686 DATE: May 27, 2021 REMANDED Entitlement to service connection for obstructive sleep apnea is remanded. REASONS FOR REMAND The Veteran had active duty service from October 1966 to October 1968. A hearing was held before the undersigned Veterans Law Judge in November 2017. A transcript is of record. In January 2020, the Board issued a decision that denied service connection for obstructive sleep apnea, to include as secondary to hypertension and/or service-connected posttraumatic stress disorder (PTSD). The Veteran appealed the Board's denial of service connection for obstructive sleep apnea on a direct basis to the United States Court of Appeals for Veterans Claims (Court). In January 2021, the Court issued an Order that vacated the Board's January 2020 decision, to that extent, and remanded the matter on appeal for adjudication consistent with the instructions outlined in a Joint Motion for Partial Remand (JMPR) by the parties. Importantly, the Veteran did not appeal the Board's denial of service connection for obstructive sleep apnea as secondary to hypertension and/or service-connected PTSD and that portion of the appeal was dismissed. See January 2021 JMPR. Entitlement to service connection for obstructive sleep apnea The Veteran contends he suffers from obstructive sleep apnea because of his military service and reports having heavy snoring in service, described as "almost like you stop breathing". He was afforded a VA medical examination in August 2019. The examiner found the Veteran's sleep apnea was less likely than not incurred in or caused by his military service. In support of that opinion, the examiner highlighted the fact that there was a 30-year gap between the Veteran's active duty service and his diagnosis of sleep apnea, and that the Veteran's service treatment records (STRs) were silent for any signs or symptoms of sleep apnea. Notably, the examiner acknowledged the Veteran's lay contentions of heavy snoring during service, including his description of the snoring as being "almost like you stop breathing". However, the examiner went on to conclude there was no objective evidence of sleep apnea until many years following his service. See August 2019 VA medical opinion. In the January 2021 JMPR, the parties took issue with the fact that, although the August 2019 VA examiner noted the Veteran's complaints of heavy snoring in service, it appeared examiner's opinion was based solely on the STRs being silent for signs or symptoms of obstructive sleep apnea. It is unclear to the Board whether, when the VA examiner reached the conclusion that there was no objective evidence of sleep apnea until many years following his service, that statement included consideration of the Veteran's reports of heavy snoring in service. Accordingly, clarification of the medical opinion is required. The matter is REMANDED for the following action: Obtain an addendum opinion from the August 2019 VA examiner, if available, regarding whether the Veteran's obstructive sleep apnea is at least as likely as not related to his military service. The examiner should specifically address the Veteran's lay accounts of heavy snoring during service, described as "almost like you stop breathing," and indicate whether such constituted objective evidence of sleep apnea in service. If the August 2019 VA examiner is no longer available, the requested opinion should be obtained from another appropriate clinician. If it is determined that an examination of the Veteran is necessary to provide the requested opinion, such should be arranged. A. ISHIZAWAR Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Churchwell, 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.