Citation Nr: 21061381
Decision Date: 10/01/21	Archive Date: 10/01/21

DOCKET NO. 17-34 147
DATE: October 1, 2021

REMANDED

Entitlement to service connection for bronchitis is remanded.

Entitlement to service connection for sleep apnea, to include as secondary to bronchitis, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from December 1972 to August 1974. 

This case comes before the Board of Veterans' Appeals (Board) on appeal of a March 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). When this case was last before the Board in March 2019, it was remanded for additional development. The case has now been returned to the Board for further appellate consideration.

Although further delay is regrettable, the Board finds that a remand for additional development is required before the Veteran's remaining claim can be decided.

1. Entitlement to service connection for bronchitis is remanded.

The Veteran asserts that his bronchitis is due to his military service. A medical opinion was provided in January 2020 regarding the etiology of the Veteran's bronchitis. The examiner opined the Veteran's bronchitis was less likely than not incurred in or caused by his military service. The examiner provided that the Veteran's service treatment records (STRs) are silent of in-service respiratory conditions or bronchitis; however, the Veteran's STRs do indicate a report of bronchitis in March 1974, and this report was referenced by the Board in its prior remand. As such, another remand is warranted as the opinion was inadequate. 

2. Entitlement to service connection for sleep apnea, to include as secondary to bronchitis is remanded.

The Veteran asserts that his sleep apnea is secondary to his bronchitis. Consequently, these claims are inextricably intertwined. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). Thus, adjudication of the claim for entitlement to sleep apnea must be remanded.

The matters are REMANDED for the following action:

1. Forward the Veteran's claims file to the January 2020 VA examiner (or another examiner if that individual is no longer available) to obtain an addendum opinion as to the etiology of the Veteran's bronchitis. 

After a review of the claims file, the examiner should provide a response to the following question:

Is it at least as likely as not (50 percent probability or greater) that the Veteran's bronchitis, had its onset in service or was caused by or related at least in part to his active service?

The examiner's opinion should consider the Veteran's March 1974 service treatment records that reflect respiratory complaints and an assessment of bronchitis.

2. Then readjudicate the claims, providing a Supplemental Statement of the Case if any claim remains denied.

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Townsend, 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.