Citation Nr: 21006292 Decision Date: 02/03/21 Archive Date: 02/03/21 DOCKET NO. 15-03 525 DATE: February 3, 2021 REMANDED Entitlement to service connection for sleep apnea is remanded. REASONS FOR REMAND The Veteran served on active duty from February 2005 to August 2007. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2013 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). Entitlement to service connection for sleep apnea is remanded. In October 2018 the Board remanded the issue on appeal for further development. There has been substantial compliance with the remand directives. See Stegall v. West, 11 Vet. App. 268, 271 (1998). While further delay is regrettable, a remand is necessary to further develop the Veteran’s claim. In his March 2012 notice of disagreement petition, the Veteran indicated that his ‘sleep disturbance/sleep apnea’ was a result of his service-connected hernia. In the Board’s October 2018 remand, the issue was remanded for a new VA examination and opinion. However, as the Veteran’s initial theory of entitlement by way of secondary service connection was not addressed in the remand, by no fault of the examiner, a secondary opinion was not provided in the November 2019 VA examination. The Board notes that while the November 2019 VA examination was sufficient, an addendum opinion is needed to address the Veteran’s secondary service connection claim. Review of the record shows the Veteran has reported chronic pain and impaired sleep, in part, related to the service-connected right inguinal hernia repair residuals. The matter is REMANDED for the following action: Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s obstructive sleep apnea is at least as likely as not proximately due to his service-connected hernia disability OR aggravated beyond its natural progression by the service-connected hernia. A fully-explained rationale requested for all opinions provided. The examiner is advised that review of the record shows the Veteran has reported chronic pain and impaired sleep, in part, related to the service-connected right inguinal hernia repair residuals. D. JOHNSON Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Telamour, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.