Citation Nr: 21008524
Decision Date: 02/17/21	Archive Date: 02/17/21

DOCKET NO. 17-09 967
DATE: February 17, 2021

REMANDED

Entitlement to service connection for obstructive sleep apnea, to include as secondary to service-connected adjustment disorder with mixed anxiety and depressed mood and hypertension, is remanded.  

REASONS FOR REMAND

The Veteran had active duty service from October 1965 to December 1969.  

This matter is before the Board of Veterans’ Appeals (Board) on appeal from a November 2015 rating decision by a Department of Veterans Affairs Regional Office (RO).

In August 2019, the Veteran testified at a Board videoconference hearing before the undersigned Veterans Law Judge (VLJ).  A transcript of the hearing is of record in the Veteran’s claims folder.

The claim was remanded in January 2020.

Sleep apnea is remanded.

With regard to his claim for sleep apnea, to include as secondary to a psychiatric disorder and hypertension, in February 2020, the Veteran was afforded a VA examination and opinion for his sleep apnea.  In that examination the Veteran’s diagnosis of sleep apnea was confirmed.  The Veteran reported he has sleep apnea with no snoring, no fatigue during the day, and he denied gasping for air but noted he would wake up several times at night.  He reported that he used his machine for sleep apnea every day.  The examiner noted that continuous medication was not required for the Veteran’s sleep apnea and the Veteran did not require the use of a breathing assistance device.  The examiner noted that the Veteran’s sleep apnea did impact his ability to work, stating that he would get tired with activity.

The examiner opined that the Veteran’s sleep apnea is less likely as not caused by or aggravated by his service-connected adjustment disorder with mixed anxiety and depressed mood.  However, the examiner did not explain why the Veteran’s sleep apnea is not aggravated by his current service-connected adjustment disorder with mixed anxiety and depressed mood.  

As the Veteran alleges that his sleep apnea is secondary to his psychiatric disorder, an opinion with respect to aggravation is warranted, to include rationale as to why the Veteran’s sleep apnea is not aggravated by his current psychiatric disorder.

The matter is REMANDED for the following action:

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Obtain an addendum to the February 2020 VA examination with regard to the claim for sleep apnea.  The Veteran should be scheduled for another VA examination only if determined necessary.

The examiner should opine as to whether it is at least as likely as not that his service-connected adjustment disorder with mixed anxiety and depressed mood aggravates his sleep apnea.  Aggravation means an increase in severity of the disability.  The examiner should explain why or why not.

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Nadia Kamal, 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.