Citation Nr: 20008345
Decision Date: 01/31/20	Archive Date: 01/31/20

DOCKET NO. 14-09 384
DATE: January 31, 2020

REMANDED

Entitlement to service connection for obstructive sleep apnea (OSA) is remanded.

REASONS FOR REMAND

The Board remanded this case in July 2019 for additional medical input. See 07/25/2019 BVA Decision. The Board finds that there was not substantial compliance with its remand directive. See Stegall v. West, 11 Vet. App. 268, 271 (1998).

Entitlement to service connection for sleep apnea is remanded.

The Agency of Original Jurisdiction (AOJ) sought an additional medical opinion as directed. See 08/07/2019 VA 21-2507a, P. 4. The examiner, however, did not address the areas the Board specifically directed be addressed. See 09/04/2019 C&P Examination, 1st Entry. Hence, another remand is required. Stegall, 11 Vet. App. At 271.

The matters are REMANDED for the following action:

Send the file to the clinician who provided the September 2019 addendum report. Request that the clinician specifically review the Board’s July 2019 remand; certify that the remand was in fact reviewed; and, then, address the areas in the remand that Board requested medical input on.

As stated in the July 2019 remand, the clinician must provide a full explanation for all opinions rendered. The examiner is encouraged to consult with a physician if deemed necessary. If the examiner who provided the July 2019 addendum is no longer available, refer the claims file to a comparably qualified examiner/reviewer and provide the same instructions.

 

 

Eric S. Leboff

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	W. T. Snyder

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 This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.