Citation Nr: 20021731
Decision Date: 03/26/20	Archive Date: 03/26/20

DOCKET NO. 16-15 726
DATE: March 26, 2020

REMANDED

Service connection for obstructive sleep apnea (OSA).

REASONS FOR REMAND

In February 2019, the Board remanded the issue for an examination with an etiological opinion. The Veteran underwent an examination in May 2019 but only direct service connection was addressed. Since that time, he has been granted service connection for depressive disorder, not otherwise specified (NOS). He submitted correspondence, along with a private examination, which suggested that OSA may be secondary to newly service-connected depressive disorder NOS. As such, an addendum opinion must be obtained regarding this new theory of entitlement. 

The matter is REMANDED for the following actions:

1. Identify and obtain any outstanding, pertinent, private and VA treatment records and associate them with the claims file.

2. Submit a request to obtain an addendum opinion, from the May 2019 VA examiner if possible, regarding the nature and etiology of the Veteran’s OSA. All pertinent evidence of record must be made available to and reviewed by the examiner, and any indicated tests and studies should be performed. A new examination should not be scheduled unless the examiner deems it necessary.

Based on the review of the record and examination of the Veteran, the examiner is asked to offer a medical opinion as to whether it is at least as likely as not (i.e. a 50 percent or better probability) that OSA was caused or permanently aggravated beyond normal progression by any service-connected disabilities, to specifically include depressive disorder NOS. 

In rendering an opinion, the examiner is asked to specifically consider and address the private examination, which is dated January 2017, but was submitted in July 2019, which suggests a relationship between the Veteran’s depressive disorder and OSA. The examiner is also asked to consider and address the medical articles submitted by the Veteran. 

A thorough rationale is requested for all opinions rendered.  

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Yacoub, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.