Citation Nr: 20050294
Decision Date: 07/29/20	Archive Date: 07/29/20

DOCKET NO. 17-30 977
DATE: July 29, 2020

REMANDED

Entitlement to service connection for parasomnia with isolated sleep paralysis is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 2006 to April 2012.  This matter comes before the Board of Veterans’ Appeals (Board) from a December 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In April 2019, the Board issued a decision that denied entitlement to service connection for parasomnia with isolated sleep paralysis.  The Veteran appealed the denial to the U.S. Court of Appeals for Veterans Claims (CAVC).  In a February 2020 Order, pursuant to a Joint Motion for Partial Remand (JMPR) filed by the parties, the Court vacated and remanded the April 2019 decision for compliance with the instructions in the JMPR.

1. Entitlement to service connection for parasomnia with isolated sleep paralysis is remanded.

The parties to the JMPR determined that the Board failed to provide an adequate explanation for its reliance on the August 2012 VA sleep apnea examination report and the July 2016 sleep medicine consult report in denying the claim when neither medical evaluation provided a nexus opinion concerning the Veteran’s sleep paralysis symptoms.

The Board notes that both the August 2012 VA sleep apnea examination report and a July 2016 sleep medicine consult report discuss evidence of the Veteran’s sleep paralysis.  Additionally, the sleep medicine consult report also documented the Veteran’s positive screens for parasomnia and sleep disordered breathing.  The August 2012 VA examiner opined that the Veteran did not have sleep apnea, and the July 2016 sleep medicine consult physician opined that the Veteran’s poor sleep quality was more likely due to anxiety issues and chronic pain.  However, as stated above, neither the VA examiner nor the sleep medicine consult physician provided a nexus opinion concerning the Veteran’s sleep paralysis and parasomnia. In light of the JMPR, the Board finds that an additional opinion is needed.

The matters are REMANDED for the following action:

1. Provide the claims file to an appropriate VA examiner to obtain an opinion addressing the nature and etiology of the Veteran’s claimed sleep disorder.  If an examination is deemed necessary to respond to the questions presented, one should be scheduled.

After a review of the claims file, the examiner should identify all sleep disorders found and respond to the following:

(a.) For each diagnosed sleep disorder, to include sleep paralysis, parasomnia, and sleep disordered breathing, opine whether it is at least as likely      as not (50 percent probability or greater) that condition had its onset during service or is otherwise related to service.  The examiner    should explain why or why not.

(b.) If not related to service, whether it is at least as likely as not (50 percent probability or greater) the conditions were caused or aggravated (worsened beyond natural progression) by her service-connected disabilities.  The examiner should explain why or why not.

If the examiner finds that the Veteran’s diagnosed sleep disorder(s) was aggravated by her service-connected disabilities, the examiner must attempt to quantity the level of aggravation beyond the baseline level of the sleep disorder.

A complete rationale for all opinions must be provided.

2. If the claim remains denied, issue a supplemental statement of the case, as appropriate.

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Lance, Law Clerk

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.