Citation Nr: 21074101
Decision Date: 12/14/21	Archive Date: 12/14/21

DOCKET NO. 19-00 730A
DATE: December 14, 2021

REMANDED

Service connection for sleep apnea, to include secondary to a back disability, is remanded.

REASONS FOR REMAND

The Veteran had active service in the United States Army from January 1998 to January 2004. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2016 rating decision. The Veteran testified before the undersigned Veterans Law Judge at a Board hearing in July 2020. A transcript of this hearing is of record. 

A VA opinion was obtained in February 2019. The examiner opined that it is less likely than not (smaller than 50 percent likelihood) that the Veteran's sleep apnea was proximately due to or the result of the Veteran's service connected lumbosacral strain. The examiner's rationale stated that review of medical literature and the Veteran's claim for lumbosacral conditions contribution to sleep apnea are lacking in foundation and reason.

The Board finds that the February 2019 opinion is inadequate for adjudication purposes. The examiner's rationale regarding secondary service connection for sleep apnea is purely conclusory and lacks any explanation to support its determination. Further, the examiner failed to discuss aggravation when rendering their opinion. Therefore, remand is necessary to obtain an addendum opinion.

Additionally, no opinion has been obtained regarding direct service connection of the Veteran's sleep apnea and his active duty service. Accordingly, remand is required in order to obtain an opinion.

The matter is REMANDED for the following action:

Obtain VA medical opinions to determine the nature and etiology of the Veteran's sleep apnea. The examiner must review the claims file, including previous VA examinations, and should note that review in the report. The rationale for all opinions should be provided. The examiner should explicitly provide the following opinions:

(a)	Is it at least as likely as not (50 percent or greater probability) that the Veteran's sleep apnea is due to or the result of any service-connected disabilities, including lumbosacral strain?

(b)	Is it at least as likely as not that the Veteran's sleep apnea has been aggravated by any service connected disabilities, including service-connected lumbosacral strain?

(Continued on the next page)

 

(c)	Is it at least as likely as not that the Veteran's sleep apnea is related to his military service. The examiner is to specifically address all lay contentions by the Veteran, including, his July 2020 hearing testimony regarding sleep apnea being the result of his in-service weight gain as a result of his service.

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Jorge Barroso, Associate 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.