Citation Nr: 20021691
Decision Date: 03/26/20	Archive Date: 03/26/20

DOCKET NO. 15-24 861
DATE: March 26, 2020

REMANDED

Entitlement to service connection for obstructive sleep apnea, to include as secondary to service-connected acquired psychiatric disability, is remanded.

REASONS FOR REMAND

The Veteran had active service in the Air Force from May 1980 to July 1983.

1. Entitlement to service connection for obstructive sleep apnea, to include as secondary to service-connected acquired psychiatric disability, is remanded.

A Board remand of July 2019 ordered the Agency of Original Jurisdiction (AOJ) to provide the Veteran with a new examination to determine the nature and etiology of his obstructive sleep apnea (OSA).  According to the Veteran’s updated medical records he was in contact with the examination site and rescheduled his exam three times before finally failing to report for his examination in September 2019.  The Board notes that the Veteran is rated 100 percent disabled by his acquired psychiatric disability and that he appears to have recently moved from Indiana to the Philippines.  In recognition of the difficulty the Veteran may have been facing this case is remanded to allow the Veteran another chance to schedule and appear for a VA examination.

The matters are REMANDED for the following action:

1. Confirm the Veteran’s current address and schedule him for an examination by an appropriate examiner to determine the nature and etiology of his OSA.  Place a copy of the notice mailed to the Veteran, at his proper address, in the claims file. 

Based on a review of the record, examination of the Veteran (including eliciting a complete medical history and subjective report), and any tests or studies deemed necessary, the examiner must respond to the following:

(a) Identify any OSA that the Veteran has and describe all manifestations of such. 	

(b) For the Veteran’s OSA, please opine as to whether it is AT LEAST AS LIKELY AS NOT (A 50 PERCENT PROBABILITY OR GREATER) that such disability is related to the Veteran’s military service. 

(c) For the Veteran’s OSA, please also opine as to whether it is AT LEAST AS LIKELY AS NOT (A 50 PERCENT PROBABILITY OR GREATER) that such is CAUSED OR AGGRAVATED (WORSENED BEYOND ITS NATURAL PROGRESSION) BY the Veteran’s service-connected acquired psychiatric disability to include anxiety, major depression, and bipolar disorder.

A detailed explanation (rationale) is requested for all opinions provided. (By law, the Board is not permitted to rely on any conclusion that is not supported by a thorough explanation. Providing an opinion or conclusion without a thorough explanation will delay processing of the claim and may also result in a clarification being requested).

 

2. Readjudicate the Veteran’s claim.

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Zimmerman

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.