Citation Nr: 22005294 Decision Date: 02/01/22 Archive Date: 02/01/22 DOCKET NO. 16-58 202 DATE: February 1, 2022 REMANDED Service connection for sleep apnea is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1992 to August 1992, September 2002 to August 2003, July 2007 to May 2008, and June 2015 to May 2016, with additional reserve and national guard service. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In May 2021, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. A transcript is of record. Service connection for sleep apnea is remanded. The Veteran seeks service connection for his sleep apnea, which he contends began during his July 2007- May 2008 deployment to Iraq. He believes that the condition is due, as least in part, to the environmental hazards he was exposed to during the deployment such as sand and dust, burn pits, human waste ponds, and former gas chambers. During his May 2021 Board hearing, the Veteran testified that over the course of the deployment he noticed he was sleeping less well, that he was waking up during the night, and that he was feeling really tired and fatigued. The record in this case includes a June 2021 statement from the Veteran's wife that upon the Veteran's return from Iraq he had begun snoring loudly, would stop breathing multiple times a night, and would jerk himself awake trying to get a breath. The Veteran's wife reports that "[t]his went on for quite some time until I talked him into going to the [doctor]." The record shows that, following a sleep study in August 2014, the Veteran's treating physician, Dr. F. M., diagnosed the Veteran with obstructive sleep apnea. Accordingly, the Board finds that remand is necessary in order to obtain a medical opinion on whether the Veteran's sleep apnea as likely as not had its onset during service or is otherwise related to service. In remanding this case, the Board makes no credibility determination, expressed or implied, at this juncture. The matter is REMANDED for the following action: 1. Ask the Veteran to provide the names and addresses of all private medical care providers who have treated him for sleep apnea since his return from Iraq. After securing any necessary releases, request any relevant records identified. 2. After records development is completed, provide the claims file to a VA examiner to obtain a medical opinion regarding the Veteran's claim for service connection for sleep apnea. If an examination is deemed necessary to respond to the questions presented, one should be scheduled. After review of the claims file, the examiner should provide an opinion as to whether it is at least as likely as not (i.e., probability of 50 percent or greater) that the Veteran's sleep apnea had its onset during the Veteran's 2007-2008 deployment to Iraq or is related to any in-service disease, event, or injury. The examiner should explain why or why not, to include addressing: (a) the Veteran's report that over the course of that deployment he noticed he was not sleeping as well, was waking up during the night, and was feeling really tired and fatigued; (b) the Veteran's report that during that deployment he was exposed to sand (including 2-3 sandstorms) and "really bad" dust, multiple burn pits, human waste settling ponds, and the decontamination of a building housing gas chambers. 3. If the claim remains denied, issue a supplemental statement of the case. K. A. BANFIELD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Jesteadt, Associate 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.