Citation Nr: 21008884
Decision Date: 02/18/21	Archive Date: 02/18/21

DOCKET NO. 18-48 242
DATE: February 18, 2021

REMANDED

Entitlement to service connection for sleep apnea, as secondary to service connected disease or injury is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1976 to November 1991.

1. Entitlement to service connection for sleep apnea, as secondary to major depressive disorder and/or ulcerative colitis is remanded.

The Veteran first claimed that his sleep apnea was secondary to his ulcerative colitis in April 2016. An examination was conducted on the Veteran in May 2016. The examiner concluded that the Veteran’s sleep apnea was less likely than not proximately due to or the result of the Veteran’s ulcerative colitis. However, the examiner did not render an opinion as to whether the Veteran’s sleep apnea was aggravated beyond its natural progression by ulcerative colitis. 

 

In the Veteran’s Form 9, dated September 28, 2018, the Veteran argued that his sleep apnea was secondary to his newly service-connected major depressive disorder. In a subsequent addendum medical opinion, dated April 30, 2019, the examiner concluded that the Veteran’s sleep apnea was less likely than not proximately due to or the result of the Veteran’s major depressive disorder. However, the examiner did not render an opinion as to whether the Veteran’s sleep apnea was at least as likely as not aggravated by major depressive disorder.

Therefore, a VA examiner must address whether either the Veteran’s ulcerative colitis or major depressive disorder aggravated the Veteran’s sleep apnea.

The matters are REMANDED for the following action:

1. Obtain an addendum opinion from an appropriate examiner regarding whether the Veteran’s sleep apnea is at least as likely as not aggravated beyond its natural progression by service-connected ulcerative colitis.

2. Obtain an addendum opinion from an appropriate examiner regarding whether the Veteran’s sleep apnea is at least as likely as not aggravated beyond its natural progression by service-connected major depressive disorder.

Rationale should be given for all opinions provided.

 

If the benefit sought on appeal remain denied, then furnish the Veteran and his representative with a supplemental statement of the case and allow them an opportunity to respond.

 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Jonah Nelson, 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.