Citation Nr: 22042226 Decision Date: 07/25/22 Archive Date: 07/25/22 DOCKET NO. 16-04 350 DATE: July 25, 2022 REMANDED Service connection for sleep apnea is remanded. Entitlement to an initial compensable rating for dermatitis/eczema (skin disability) prior to May 10, 2018 is remanded. Entitlement to a rating in excess of 10 percent for a right ankle disability is remanded. REASONS FOR REMAND The Veteran served on active duty from July 2005 to February 2009. This matter comes before the Board on appeal from a June 2015 rating decision which continued the Veteran's right ankle rating; an April 2017 rating decision in which service connection for eczema was granted from October 1, 2016 and for which a noncompensable rating was assigned; and an April 2017 rating decision in which service connection for sleep apnea was denied. In a June 2020 Board decision, the Board denied claims for higher ratings for a skin disability prior to May 10, 2018 and a right ankle disability and as well as service connection for sleep apnea. The Veteran thereafter appealed the Board's decision to the United States Court of Appeals for Veterans Claims (Court). In March 2022, the Court granted a Joint Motion for Partial Remand (JMPR) which vacated the Board's June 2020 decision as to these issues and remanded the case for readjudication in accordance with the JMPR. In the June 2020 decision, the Board also granted a 10 percent rating, but no higher, for the Veteran's service-connected skin disability. In the JMPR, the Veteran agreed that he was not pursuing a further increase for his skin disability rating for the period from May 10, 2018. Therefore, the Board will address the rating for the skin disability only for the period on review prior to May 10, 2018. 1. Service connection for sleep apnea is remanded. 2. Entitlement to an initial compensable rating for a skin disability prior to May 10, 2018 is remanded. 3. Entitlement to a rating in excess of 10 percent for a right ankle disability is remanded. With regard to each of the issues addressed in this decision, the Board finds that a remand is necessary to ensure all VA treatment records have been obtained. With regard to service connection for sleep apnea, a remand is necessary to afford the Veteran a VA examination of his sleep apnea and to obtain a medical opinion as to the etiology of the Veteran's sleep apnea. The Board is to afford a veteran a VA examination when there is an indication a currently diagnosed disorder might be related to service. 38 C.F.R. § 3.159 (c)(4); McLendon v. Nicholson, 20 Vet. App. 79 (2006). The evidence shows the Veteran was diagnosed with sleep apnea in February 2017. A January 2007 post deployment assessment shows the Veteran reported problems sleeping or still feeling tired after sleeping. Furthermore, the record shows evidence of sleep problems since service. Thus, there is evidence of a current disability, an in-service event, and an indication that the disability may be associated with service. Accordingly, a remand to afford the Veteran a VA examination of his sleep apnea is necessary. Further, the JMPR noted that the Veteran reported treatment at the Horsham VA Medical Center since June 2010. However, the JMPR noted the record does not contain any records from the Horsham VA Medical Center, nor any indication that VA undertook any efforts to obtain these records. While the Board notes some records from the Victor Saracini VA Medical Center in Horsham, Pennsylvania have been associated with the claims file, the earliest records appear to be dated from March 2011. On remand, any outstanding VA treatment records relevant to the claims, to include from Horsham VA Medical Center, should be requested. The matters are REMANDED for the following actions: 1. Obtain any outstanding VA treatment records, to include records from the Horsham VA Medical Center, and associate them with the Veteran's claims file. 2. Thereafter, afford the Veteran a VA examination to determine the nature and etiology of his sleep apnea. Specifically, the examiner should opine as to whether: (Continued on the next page) It is at least as likely as not that the Veteran's sleep apnea is related to service, to include his reported problems sleeping or still feeling tired after sleeping in service. The examiner is advised that the Veteran is competent to report his symptoms and history, and such reports must be specifically acknowledged and considered in formulating any opinions. In addition, the absence of treatment for or diagnosis of sleep apnea in the Veteran's service treatment records cannot, standing alone, serve as the basis for a negative opinion. Jason George Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. St. Laurent, 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.