Citation Nr: 21002273 Decision Date: 01/13/21 Archive Date: 01/13/21 DOCKET NO. 15-14 176A DATE: January 13, 2021 REMANDED Entitlement to service connection for sleep apnea is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from October 1974 to October 1978. This matter initially came before the Board of Veterans’ Appeals (Board) on appeal from a December 2011 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In October 2019, February 2020 and August 2020, the Board remanded the issue for additional development. The Veteran appeared at a hearing before the undersigned Veterans Law Judge in February 2019. A transcript of the proceeding has been associated with the claims file. The Board notes that there are separate appeals involving service connection for dysuria, erectile dysfunction, a psychiatric condition, and a kidney disorder that are pending a hearing. Accordingly, the Board will not address those issues at this time. In addition, a separate appeal from the U.S. Court of Appeals for Veterans Claims involving service connection for hearing loss will be addressed at a later date. In August 2020, the Board remanded the appeal for an addendum opinion. Unfortunately, not all questions included in the Board’s remand directives were submitted to the VA examiner and, as a result, the examiner provided an incomplete response. Specifically, the Board stated that “the examiner must address the Veteran and his wife’s assertions that he stopped breathing while asleep both in service and after.” A review of a September 2020 VA opinion shows that this directive was not included in the restatement of requested opinion and, as a result, the examiner did not address these lay statements in the addendum opinion. Given the significance of this lay testimony, another addendum opinion is required. The matters are REMANDED for the following action: 1. Provide the claims file, to include a copy of this remand, to an appropriate examiner other than the author of the September 2020 VA opinion for an addendum opinion concerning the nature and etiology of the Veteran’s sleep apnea. The examiner is asked to provide an opinion as to whether it is at least as likely as not (a 50 percent or greater probability) that the Veteran’s sleep apnea was caused by or is otherwise related to his active service. In answering this question, the examiner must address the Veteran’s lay statements, to specifically include the Veteran and his wife’s assertions that he stopped breathing while asleep both in service and after. 2. After the development requested has been completed, review the medical report to ensure that it is in compliance with the directives of this Remand. If the report is deficient in any manner, implement corrective procedures. 3. After the above has been completed, re-adjudicate the claim. GAYLE STROMMEN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Schlickenmaier, 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.