Entitlement to service connection for sleep apnea is remanded.

Citation Nr: A26069913 Decision Date: 07/30/26 Archive Date: 07/30/26 DOCKET NO. 220215-220286 DATE: July 30, 2026 REMANDED Entitlement to service connection for sleep apnea is remanded. REASONS FOR REMAND The Veteran served in the United States Marine Corps on active duty from June 2011 to March 2015. The issue comes before the Board of Veterans' Appeals (Board) on appeal from an April 2021 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In the February 2022 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. A Board hearing was held on August 18, 2025. Therefore, the Board may only consider the evidence of record at the time of the agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran or his representative at the hearing or within 90 days following the hearing. 38 C.F.R. § 20.302(a). If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to the Board hearing, or (2) more than 90 days following the hearing, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.302(a), 20.801. However, because the Board is remanding the Veteran's claim, any evidence the Board could not consider will be considered by the AOJ in the adjudication of this claim. 38 C.F.R. § 3.103(c)(2)(ii). Entitlement to service connection for sleep apnea is remanded. The Veteran contends that he suffers from obstructive sleep apnea related to his active service. The Board notes the Veteran was not provided a VA examination addressing his sleep apnea. VA's duty to assist includes providing an examination and obtaining a medical opinion when such an examination or opinion is necessary to make a decision on the claim. 38 U.S.C. § 5103A(d); 38 C.F.R. § 3.159. Such development is necessary if the information and evidence of record does not contain sufficient competent medical evidence to decide the claim, but (1) contains competent evidence of a diagnosed disability or symptoms of disability, (2) establishes that the Veteran suffered an event, injury or disease in service, or has a presumptive disease during the pertinent presumptive period, and (3) indicates that the claimed disability may be associated with the in-service event, injury, or disease, or with another service-connected disability. 38 C.F.R. § 3.159(c)(4); McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006). The Board establishes the Veteran's current diagnosis of obstructive sleep apnea. Further, the Board notes the Veteran's military personnel records show the Veteran's active service included service in Afghanistan. The Veteran's service record indicates the Veteran received the Combat Action Ribbon. Moreover, the Veteran asserted in his April 2021 claim for benefits that his condition is related to poor sleep cycle, environmental exposures, and conditions in service. Thus, the elements are established to trigger VA's duty to assist to provide the Veteran an examinations and medical opinion addressing his claimed condition. 38 C.F.R. § 3.159(c)(4); McLendon, 20 Vet. App. at 83-86. The threshold for finding a link between a current disability and service so as to require medical examination is low. Locklear v. Nicholson, 20 Vet. App. 410 (2006). Accordingly, remand is required to address VA's pre-decisional duty-to-assist error and provide further development. 38 U.S.C. § 5103A(d); 38 C.F.R. § 3.159; see McLendon, 20 Vet. App. at 83-86. The matters are REMANDED for the following action: Schedule the Veteran for a VA examination with an appropriate examiner to determine the etiology of the Veteran's claimed sleep apnea. The record and a copy of this Remand must be made available to the examiner. Any indicated tests and studies must be accomplished, and all clinical findings must be reported in detail, and correlated to a specific diagnosis. Following a review of the evidence of record, the examiner must opine as to whether it is at least as likely as not (likelihood is at least approximately balanced or nearly equal, if not higher) that the Veteran's obstructive sleep apnea had its onset during or is otherwise etiologically related to active-duty service, to include, impairment of sleep cycle, environmental conditions and exposures incurred during the Veteran's combat service. The examiner must provide a comprehensive report including a clearly stated rationale for any opinions offered and conclusions reached, citing the objective medical findings leading to the conclusions. Conclusions must not be based solely on the lack of records. In this regard, the Board emphasizes that the Veteran is competent to report his symptoms and history, and such statements by the Veteran regarding symptomatology and medical history must be specifically acknowledged and considered in formulating any opinions concerning the onset and severity of his disability. If such reports are rejected by the examiner, a reason for doing so must be provided. JENNIFER HWA Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. V. Bona 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.