Citation Nr: 21073412
Decision Date: 12/08/21	Archive Date: 12/08/21

DOCKET NO. 18-39 625
DATE: December 8, 2021

REMANDED

Service connection for sleep apnea associated with posttraumatic stress disorder (PTSD) is remanded.

REASONS FOR REMAND

The Veteran served honorably on active duty from June 1967 to August 1970. He was the recipient of the Purple Heart.

The Veteran died while his claim was on appeal.  His spouse has been substituted as the Appellant.

In an August 2021 Remand, the Board instructed that a VA obtain an examination opinion regarding the potential link between the Veteran's weight and his sleep apnea. An examination opinion was obtained in September 2021, however it did not specifically address the Veteran's weight, as instructed. A Board remand confers a right on a claimant to compliance with the remand order. See Stegall v. West, 11 Vet. App. 268, 271 (1998). As such, a new examination opinion is warranted.

 

The matter is REMANDED for the following action:

Obtain an addendum opinion from an appropriate clinician to determine the nature and etiology of the Veteran's obstructive sleep apnea (OSA). The claims file should be made available to the physician and reviewed. 

The physician must opine whether it is at least as likely as not that:

(1) the Veteran's PTSD with alcohol use disorder, including any treatment for PTSD with alcohol use disorder, caused or aggravated any weight gain; 

(2) if so, whether the Veteran's weight gain or aggravation of weight gain was a substantial factor in causing his OSA; and 

(3) if so, whether the Veteran's OSA would not have occurred but for the weight gain caused or aggravated by his service-connected PTSD with alcohol use disorder, including any treatment for PTSD with alcohol use disorder.

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Parrish

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.