Citation Nr: 21065682
Decision Date: 10/27/21	Archive Date: 10/27/21

DOCKET NO. 15-14 685
DATE: October 27, 2021

REMANDED

Service connection for sleep apnea is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 2006 to June 2007. He is the recipient of the Bronze Star and the Combat Action Badge. 

This matter has a procedural history which includes a Board Decision in August 2019 and a March 2021 Memorandum Decision of the Court of Appeals for Veterans Claims (Court) which vacated a portion of the Board's August 2019 Decision regarding service connection for sleep apnea.

Sleep Apnea

The Veteran's VA medical treatment records show diagnosis of both posttraumatic stress disorder (PTSD) and alcohol use disorder in 2008. See September 2008 VA medical record. In a January 2010 VA examination regarding the etiology of his PTSD, the examiner also noted the Veteran had a diagnosis of alcohol dependance and specifically found that the Veteran's "alcohol dependence is related to the PTSD and is used as a relief of symptoms." Though a January 2019 VA examination stated that a risk factor in developing sleep apnea was alcohol use and noted the Veteran had a history of alcohol use, there is no medical record which has found that the Veteran's sleep apnea was linked to or aggravated by the Veteran's diagnosed alcohol use disorder. As such, remand is necessary.

The matter is REMANDED for the following action:

Obtain a VA examination opinion to determine the nature and etiology of his sleep apnea. If possible, select an examiner who has not previously seen the Veteran. The claims file, including a copy of this Remand, must be made available to the examiner and the examiner should indicate in his/her report whether or not such was reviewed. All necessary tests and studies should be accomplished.

The examiner must opine whether the Veteran's sleep apnea is at least as likely as not (50 percent or greater probability) proximately due to or aggravated beyond its natural progression by the Veteran's service connected PTSD, specifically including the Veteran's diagnosed alcohol use disorder found to be a symptom of his PTSD.

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The Veteran's lay assertions as to onset and continuity of symptomatology should be recorded and considered.

A rationale for all opinions must be provided.

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Parrish, 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.