13-24 828, 13-24 828

Veteran served on active duty from July 1971 to July 1974 and appealed denial of service connection for obstructive sleep apnea (OSA), including as secondary to service‑connected PTSD.
Initial RO denial issued in January 2012; appeal to the Board followed and a hearing was held in February 2016.
In May 2016 the Board remanded for a VA medical examination to address nexus between service and current OSA and possible aggravation/causation by PTSD.
A September 2016 exam request was made, but an October 2016 record shows the exam was cancelled for failure to RSVP; the RO issued an SSOC continuing denial and noted the missed exam.
Claims file does not show that the Veteran or his representative were actually notified of the scheduled sleep apnea exam, although the file reflects they responded to other exam notices.
Because the record does not rebut the presumption that the Veteran lacked notice, the Board remanded for a new VA examination and further readjudication.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to service connection for OSA (including secondary to PTSD)	Veteran: longstanding, continuous symptoms since service; OSA may be directly service‑connected or secondary to PTSD	VA/RO: denied for lack of nexus; also relied on Veteran failing to attend scheduled VA exam	Remanded — VA must schedule a new examination; examiner to opine on service nexus and, if negative, on causation/aggravation by PTSD; file readjudicated after exam

Baldwin v. West, 13 Vet. App. 1 (1999) (Veteran must present clear evidence to rebut presumption of regular mailing by VA)
Mindenhall v. Brown, 7 Vet. App. 271 (1994) (same rule on presumption of mailing and required rebuttal)
Kutscherousky v. West, 12 Vet. App. 369 (1999) (appellant may submit additional evidence after Board remand)