Citation Nr: 21067027
Decision Date: 11/03/21	Archive Date: 11/03/21

DOCKET NO. 15-46 530
DATE: November 3, 2021

REMANDED

Service connection for sleep apnea is remanded.

Service connection for an acquired psychiatric disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1969 to April 1971. The matter comes before the Board of Veterans' Appeals (Board) on appeal from September 2014 and April 2015 rating decisions.

In August 2019, the Board denied the claims for service connection for a sleep disorder and an acquired psychiatric disorder. In April 2021, the U.S. Court of Appeals for Veterans Claims set aside those denials in a Memorandum Decision and remanded the matter to the Board. The matter is now before the Board following the Memorandum Decision.

The Board finds that the issues must be remanded for further development consistent with the Memorandum Decision. On remand, the Veteran should be afforded with VA examinations to assess the nature and etiology of his sleep apnea and mental health disorders, if any, and nexus opinions.

The matters are REMANDED for the following action:

1. Obtain the Veteran's VA treatment records from August 2020 the present.

2. Schedule the Veteran for a VA examination for his sleep apnea claim. After a review of the claims file, the examiner should respond to the following:

(a.) Is it at least as likely as not that the Veteran's sleep apnea began in or is otherwise related to service?

(b.) If not, is it at least as likely as not that the Veteran's sleep apnea is caused by his service-connected tinnitus and/or bilateral hearing loss?

(c.) If not, is it at least as likely as not that the Veteran's sleep apnea is aggravated by his service-connected tinnitus and/or bilateral hearing loss?

3. Schedule the Veteran for a VA examination for his mental disorders claim. After a review of the claims file, the examiner should respond to the following:

(a.) Is it at least as likely as not that the Veteran's mental health disorder(s), if any, began in or is otherwise related to service?

(b.) The examiner should consider the Veteran's VA treatment records, which show diagnoses of PTSD, depression, and anxiety and complaints of insomnia, and lay statements submitted in July 2021 and October 2021 in support of his claim. 

(c.) If the examiner finds that the Veteran does not have a current mental health disability, the examiner must provide an explanation.

The Board emphasizes it is making no finding at this time that the Veteran's reported service experiences are credible, as this will be addressed when a decision is made following remand.

4. If the Veteran is awarded service connection for a mental health disability, the RO should obtain an addendum medical opinion to assess whether his sleep apnea is caused or aggravated by his mental health disability. 

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Lavan

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.