Citation Nr: 21065801
Decision Date: 10/27/21	Archive Date: 10/27/21

DOCKET NO. 19-02 468
DATE: October 27, 2021

REMANDED

Entitlement to service connection for obstructive sleep apnea (OSA), to include as secondary to a service-connected disability, is remanded.

REASONS FOR REMAND

The Veteran had active service from June 1963 to June 1967.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in March 2018.  This matter was previously before the Board in February and July 2021.

Service connection for OSA, on direct and secondary bases

The August 2021 addendum opinion appears to leave open the possibility that the Veteran's service-connected psychiatric condition, characterized as an adjustment disorder, depression, and anxiety, aggravated his OSA beyond its normal progression without adequately addressing this question.  Consequently, this matter must be remanded for an addendum opinion. 

Accordingly, this matter is REMANDED for the following actions:

1. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran's OSA was at least as likely as not aggravated beyond its natural progression by his service-connected adjustment disorder, depression, and anxiety.

2. After the above development, and any additionally indicated development, has been completed, readjudicate the issue on appeal.  If the benefit sought is not granted to the Veteran's satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review. 

No action is required of the Veteran until he is notified by VA.  However, he is advised of his obligation to cooperate in ensuring that the duty to assist is satisfied.  Kowalski v. Nicholson, 19 Vet. App. 171 (2005).  His failure to report for a VA medical examination that may be scheduled may impact the determination made.  38 C.F.R. § 3.655.  The Veteran also is advised that he has the right to submit additional evidence and argument with respect to these matters.  Kutscherousky v. West, 12 Vet. App. 369 (1999).  This appeal must be afforded prompt treatment. 

 

 

THERESA M. CATINO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Steven H. Johnston, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.