Citation Nr: 21041269 Decision Date: 07/08/21 Archive Date: 07/08/21 DOCKET NO. 13-33 772A DATE: July 8, 2021 REMANDED Entitlement to service connection for sleep apnea is remanded. REASONS FOR REMAND The Veteran had active service in the United States Navy from November 1996 to October 2000 and active service in the United States Army from July 2007 to April 2008. This matter is on appeal from a February 2013 rating decision. The Board of Veterans' Appeals (Board) notes that the Veteran requested a Board hearing. The Veteran failed to report for his April 2019 Board hearing and has not submitted a motion for the hearing to be rescheduled. The Board will proceed with the adjudication of the appeal. Entitlement to service connection for sleep apnea is remanded. The Veteran contends that his sleep apnea had its onset during his active service. Specifically, he began experiencing difficulty sleeping during his 2007 deployment. The Veteran was diagnosed with severe obstructive sleep apnea in November 2008. In February 2013, the Veteran was afforded a VA sleep apnea examination. The VA examiner opined that the Veteran's sleep apnea was less likely than not proximately due to or the result of the Veteran's service-connected condition. He conceded that the Veteran had difficulty staying asleep after returning from his deployment. The VA examiner asserted that the Veteran had a nasal condition prior to his active service and had surgery with some relief. He explained that the Veteran's symptoms began greater than one year after his deployment. In March 2015, the Board received statements for the Veteran's mother and A.G. The Veteran's mother wrote that the Veteran had not undergone any surgeries or broken any bones as a child. A.G., the Veteran's roommate throughout deployment, stated that the Veteran did not have any difficulty sleeping and did not snore at the beginning of the deployment. Midway through the deployment, the Veteran began to snore loudly and seemed to stop breathing. The Board notes that sleep apnea is not deemed a chronic disease under 38 C.F.R. § 3.309(a). Thus, the lay description of continuous symptoms since service alone is insufficient to establish the onset of sleep apnea in service. Walker v. Shinseki, 708 F.3d 1331, 1333 (Fed. Cir. 2013). The Board finds that the February 2013 VA medical opinion is inadequate. First, it provides a secondary service connection opinion rather than a direct service connection opinion. Second, it relies upon a broken nose that the Veteran may have suffered in childhood as its rationale. The Board notes that the Veteran was examined in October 1996 and the only defect that was noted was his flat feet. Therefore, the Veteran, in the absence of clear and unmistakable evidence, is presumed sound his entry into service with regard to his respiratory system and the presence of a sleep disorder, to include sleep apnea. Therefore, a remand is required to obtain an adequate VA medical opinion. The matter is REMANDED for the following actions: 1. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran's sleep apnea is at least as likely as not related to his in-service snoring. In rendering the opinion, the VA examiner is asked to presume that the Veteran entered service without a sleep disorder, to include sleep apnea. A rationale must be provided for the opinion. 2. After the above development, and any additionally indicated development, has been completed, readjudicate the issue on appeal. If the benefit sought is not granted to the Veteran's satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond. If necessary, return the case to the Board for further appellate review. DAVID L. WIGHT Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R.R. Watkins, 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.