Citation Nr: 21003324 Decision Date: 01/21/21 Archive Date: 01/21/21 DOCKET NO. 14-37 751 DATE: January 21, 2021 REMANDED Entitlement to service connection for obstructive sleep apnea, to include as due to service-connected disabilities, is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Marine Corps from September 1994 to May 1997. This matter comes before the Board of Veterans Appeals (Board) on appeal from a February 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In March 2018, a hearing was held before a Veterans Law Judge who is no longer at the Board. In November 2020, the Veteran was notified that the Veterans Law Judge who conducted his hearing is no longer at the Board, and he was asked to respond within 30 days indicating whether he would like a new hearing. VA has received no response, so the Board will proceed with consideration of the Veteran’s claims. This matter was previously before the Board in October 2018 when it was remanded to the Agency of Original Jurisdiction (AOJ) for a VA examination. The Board finds that additional development is needed prior to adjudication of the issue on appeal. The Veteran’s representative contends the Veteran’s obstructive sleep apnea is also due to his chronic pain from his service-connected disabilities. See Appellate Brief, received September 2020. Aside from the Veteran’s service-connected traumatic brain injury, no VA opinion regarding secondary service connection has been obtained. Generally, a medical opinion should address the appropriate theories of entitlement. Stefl v. Nicholson, 21 Vet. App. 120, 123-24 (2007). As such, remand for a secondary service opinion is required. The matters are REMANDED for the following action: Obtain an addendum opinion to determine the nature and etiology of the Veteran’s obstructive sleep apnea. Any and all studies, tests, and evaluations deemed necessary by the examiner should be performed. The examiner is requested to review all pertinent records associated with the claims file, including a copy of this remand, the Veteran’s service treatment records, post-service medical records, and statements. It should be noted that the Veteran is competent to attest to factual matters of which he had first-hand knowledge. If there is a medical basis to support or doubt the history provided by the appellant, the examiner should provide a fully reasoned explanation. After examining the Veteran—if deemed necessary by the examiner—and considering his pertinent medical history and lay statements regarding his reported symptoms, the examiner should opine as to: (a) Whether it is at least as likely as not (a 50 percent probability or greater) that his obstructive sleep apnea was incurred in, aggravated by, or etiologically related to his military service. (b) Whether it is at least as likely as not (a 50 percent probability or greater) that his obstructive sleep apnea was caused or aggravated by any of his service-connected disabilities. Aggravation is defined as any increase in severity of a nonservice-connected disease or injury that is proximately due to or the result of a service-connected disease or injury, and not due to the natural progress of the nonservice-connected disease. The examiner is advised that a finding that a disability was aggravated beyond the normal progression due to a service-connected disability does not require evidence of permanent worsening and may encompass any additional impairment in earning capacity resulting from an already service-connected condition. The examiner should address the contentions raised in the Veteran’s September 2020 brief and the citations in support thereof in rending his or her opinion. A clear rationale for all opinions must be provided and a discussion of the facts and medical principles involved would be of considerable assistance to the Board. ANTHONY C. SCIRÉ, JR Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Javed, 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.