Citation Nr: 20021834
Decision Date: 03/27/20	Archive Date: 03/27/20

DOCKET NO. 19-07 319
DATE: March 27, 2020

REMANDED

Entitlement to service connection for sleep apnea is remanded.

REASONS FOR REMAND

The Veteran had active military service from July 1973 to December 1975. 

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In August 2019, the Board remanded the issue on appeal to determine if the Veteran has a diagnosis of sleep apnea. Pursuant to the August 2019 remand order, the Veteran was scheduled for a VA examination in November 2019. 

In December 2019, a supplemental statement of the case (SSOC) was issued by the RO confirming the denial. However, the SSOC was returned as undeliverable. See January 2020 Returned Mail records. It appears that the SSOC was sent to the Veteran’s payment address instead of his physical address. See records dated February 2020. The Board issued an opinion in January 2020 denying the Veteran’s this service connection claim. In February 2020, the Board vacated the January 2020 decision with regards to the Veteran’s claim of service connection for sleep apnea. In so doing, the Board determined that this claim was not properly before the Board because it had not yet been certified to the Board. Also, there was an outstanding question as to whether the Veteran was ever provided with a copy of the December 2019 SSOC. 

In this regard, the Board acknowledges that a remand of this issue is required to accord the agency of original jurisdiction the opportunity to resend the December 2019 SSOC to the to the Veteran and his attorney. Accordingly, this matter is REMANDED for the following action:

Resend the December 2019 SSOC to the Veteran and his attorney at their appropriate addresses and provide them an opportunity to respond.

 

 

THERESA M. CATINO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Edward G. Lent

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.