Citation Nr: 21063420
Decision Date: 10/14/21	Archive Date: 10/14/21

DOCKET NO. 17-64 681
DATE: October 14, 2021

REMANDED

The claim of entitlement to service connection for residuals of a nose injury is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1954 to February 1958.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal of a rating decision by a U.S. Department of Veterans Affairs (VA) Regional Office (RO).  

In April 2018, the Veteran testified before the Board in a hearing convened at the RO.  A transcript of the hearing is included in the electronic record and has been reviewed.  

In August 2018, the Board remanded this matter for additional medical inquiry.  The Board then denied the claim in an August 2019 decision the Veteran appealed to the U.S. Court of Appeals for Veterans Claims (Court).  In October 2020, pursuant to an October 2020 joint motion for remand (JMR), the Court vacated the Board's decision and remanded the matter for additional consideration.  In response, the Board remanded the case in March 2021 for additional development.  

Pursuant to the remand  and its request for medical inquiry into whether the Veteran has a residual of an in-service nose injury, to include obstructive sleep apnea  the Veteran underwent VA examination in June 2021.  In the examination report, the examiner found obstructive sleep apnea likely unrelated to service.  In support, the examiner cited the lack of evidence indicating an in-service nose injury.  The opinion appears to hinge on the absence of evidence.    

A remand is warranted for an addendum opinion because the Board has found credible the Veteran's claim that he injured his nose during service.  As such, an opinion must be rendered which clearly accepts as true that an injury to the nose occurred during service, notwithstanding the absence of a service treatment record noting a nose injury. 

The matter is REMANDED for the following action:

Return the case to the VA examiner who issued the June 2021 report, or to a suitable substitute, for issuance of an addendum opinion addressing the claim of entitlement to service connection for residuals of a nose injury.  After reviewing the claims file, the examiner should again answer the following question:

Is it at least as likely as not (i.e., probability of 50 percent or more) that sleep apnea (to include any surgeries for sleep apnea) is a residual of the nose injury during service?  

In answering the question, accept as true that the Veteran hurt his nose during service.

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In answering the question, address the evidence dated in June 2021 indicating a deviated septum.  

Please explain in detail any opinion provided and the supporting rationale.

 

 

G. A. WASIK

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Christopher McEntee

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.