Citation Nr: 22008091 Decision Date: 02/11/22 Archive Date: 02/11/22 DOCKET NO. 19-23 422 DATE: February 11, 2022 REMANDED Service connection for a right knee disability is remanded. Service connection for obstructive sleep apnea (OSA) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from January 1993 to January 1997. This matter comes before the Board of Veterans' Appeals (Board) on appeal from multiple rating decisions. This matter was previously before the Board in September 2019 and the Veteran's claim for entitlement to service connection for tinnitus, bilateral hearing loss, pseudofolliculitis barbae, sleep apnea, a right knee disability, OSA, and an increased rating for keratoderma with tinea pedis and tinea unguium, bilateral feet was denied. The Veteran appealed this decision to the Court of Appeals for Veterans Claims (Court). In June 2021, the Court issued a memorandum decision upholding the Board's denials of the claims of service connection for tinnitus, bilateral hearing loss, pseudofolliculitis barbae, and an increased rating for keratoderma with tinea pedis and tinea unguium. The Court also set aside and remanded the claims of service connection for a right knee disability and OSA for readjudication. Right Knee As part of the June 2021 memorandum decision, the Court found that the Board relied on a VA examination that failed to consider competent claims made by the Veteran when rendering its opinion. The examiner, in the August 2016 VA examination found that the claimed right knee disability was less likely than not related to the Veteran's active duty service. Notably, the examiner failed to address the Veteran's lay statement that he injured his right knee in service and was told that he would need surgery at some point later in life. Therefore, the August 2016 opinion is inadequate for adjudication purposes, and remand is required in order to obtain an adequate opinion. OSA The Court noted that the Board acknowledged that the Veteran has a current diagnosis of sleep apnea as well as the lay statements made by the Veteran claiming that his sleep apnea began during service. However, the Court found that the Board failed to consider whether a VA examination was needed in order to determine the etiology of the Veteran's sleep apnea. Upon review of the record, the Board notes that no examination regarding the etiology of the Veteran's diagnosed sleep apnea has been afforded to the Veteran. Remand is necessary for an examination which addresses the etiology of the Veteran's sleep apnea as the low threshold for obtaining an examination and medical opinion has been surpassed in this case. See 38U.S.C. §5103A (d); McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006). The matters are REMANDED for the following action: Schedule the Veteran for separate examinations to determine the nature and etiology of his diagnosed right knee disability and sleep apnea. The claims file should be made available to the examiners for review. The examiners must opine whether it is at least as likely as not (50 percent or greater probability) that the Veteran's right knee disability and/or sleep apnea was incurred in, or due to, the Veteran's service. The Veteran's lay statements regarding onset should be recorded and considered. Specifically, the examiners must address the Veteran's statements regarding having a knee injury in-service and his statement regarding his sleep apnea beginning in-service. A rationale for all opinions must be provided. JOHN Z. JONES Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Jorge Barroso, 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.