Citation Nr: 21063149
Decision Date: 10/13/21	Archive Date: 10/13/21

DOCKET NO. 17-42 161
DATE: October 13, 2021

REMANDED

Entitlement to service connection for sleep apnea is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1974 to February 1978.

In November 2019, the Board remanded the issue for further development, to include obtaining a VA opinion regarding the etiology of the Veteran's sleep apnea. 

Although a VA opinion was obtained in June 2020, the Board finds that additional development is needed. In this regard, the June 2020 VA opinion provided a direct service connection opinion and a secondary service connection opinion as it relates to service-connected deviated septum. However, the examiner did not provide an opinion regarding the relationship, if any, between sleep apnea and service-connected sinusitis. As the possibility of sleep apnea secondary to sinusitis should have been addressed, remand is warranted.

The matter is REMANDED for the following action:

1. Obtain updated VA treatment records. 

2. Schedule a VA examination to determine the etiology of sleep apnea. The examiner should provide an opinion as to whether it is at least as likely as not (i.e., a 50 percent or greater probability) that the Veteran's sleep apnea is proximately due to, or the result of, or aggravated beyond normal progression by the Veteran's service-connected sinusitis.

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Hemphill

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.