Citation Nr: 21061569
Decision Date: 10/04/21	Archive Date: 10/04/21

DOCKET NO. 16-45 174
DATE: October 4, 2021

REMANDED

Entitlement to service connection for obstructive sleep apnea (OSA) as due to service-connected PTSD is remanded.

REASONS FOR REMAND

In a 2019 decision, the Board denied the appeal, see 11/19/2019 BVA Decision, and the Veteran appealed it to the Court of Appeals for Veterans Claims (Court). In March 2021, while the appeal was pending, the Veteran, through counsel, and the Secretary, VA, entered into and submitted a Joint Motion for Remand (JMR) and vacatur of the Board decision. See 04/05/2021 CAVC Decision, P. 38-42. In an April 2021 Order, the Court granted the JMR, vacated the 2019 Board decision, and remanded the case to the Board for further appellate review consistent with the JMR. Id. P. 43.

Entitlement to service connection for OSA as due to SC PTSD is remanded.

The consensus of the parties in the JMR is that the two medical opinions the Board relied on contained inadequate rationales. See 06/25/2015 C&P Exam, 1st Entry, P. 5; 08/10/2016 C&P Exam, 1st Entry); see also Nieves-Rodriguez v. Peake, 22 Vet. App. 295 (2008). Specifically, the clinician cited to general medical information without discussing and explaining how it may have applied to the Veteran's individual case. Further, the clinician noted certain risk factors for developing OSA without a discussion of whether or how they have applied to the Veteran. See 04/05/2021 CAVC Decision, P. 38-39. The Board may not make medical judgments or determinations. Colvin v. Derwinski, 1 Vet. App. 171, 172 (1991). Hence, the case must be remanded for additional medical input.

The matters are REMANDED for the following action:

1. Send the claims file to the clinician who examined the Veteran and provided the June 2015 and August 2016 negative nexus opinions, or another equally qualified clinician if the initial one is no longer available.

Ask the clinician to provide an addendum report wherein she explains whether the risk factors for OSA she noted in her two prior opinions apply to the Veteran and the reasons why or why not.

2. Upon receipt of the addendum report, please readjudicate the claim.

 

 

Eric S. Leboff

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	W. T. Snyder

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.