Citation Nr: 21011888 Decision Date: 03/02/21 Archive Date: 03/02/21 DOCKET NO. 15-08 853A DATE: March 2, 2021 REMANDED Entitlement to service connection for obstructive sleep apnea, to include as secondary to service-connected major depressive disorder, is remanded. REASONS FOR REMAND The Veteran had active duty October 1967 to June 1968. He died in December 2018. The appellant is the Veteran’s surviving common-law spouse. This case comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In February 2019, the appellant filed a request to be substituted as the claimant for the purpose of processing the claim to completion. See 38 U.S.C. § 5121A; 38 C.F.R. § 3.1010(b). See Request for Substitution of Claimant Upon Death of Claimant, received by VA February 26, 2019. In an April 2019 administrative decision, VA adjudicated the substitution issues and determined that the appellant will be properly substituted in the late Veteran’s appeal. See VA letter, April 3, 2019. In August 2020, the appellant’s attorney withdrew his representation. See attorney correspondence, received by VA August 13, 2020. The appellant was notified of this withdraw and has not appointed a new representative. Therefore, the Board is considering her to be unrepresented. While this appeal was pending, the Agency of Original Jurisdiction (AOJ) granted service connection for major depressive disorder in a June 2020 rating decision. Since that grant constitutes a full grant of the benefits sought on appeal, that claim is no longer before the Board. AB v. Brown, 6 Vet. App. 35 (1993). 1. Entitlement to service connection for obstructive sleep apnea, to include as secondary to service-connected major depressive disorder, is remanded. The appellant asserts that the Veteran experienced obstructive sleep apnea as a result of his active service. In the alternative, the appellant asserts that the Veteran’s obstructive sleep apnea was related to his service-connected major depressive disorder. Post-service treatment records reflect that the Veteran was diagnosed with obstructive sleep apnea and that he received treatment for the condition. A December 2020 VA examiner provided a detailed etiology opinion as to secondary service connection only; direct service connection was not addressed despite being alleged. In light of the foregoing, the Board concludes that an additional etiology opinion addressing direct service connection should be obtained. See McLendon v. Nicholson, 20 Vet. App. 79 (2006). The matter is REMANDED for the following action: Obtain an etiology opinion by an appropriate clinician to determine the nature and etiology of the Veteran’s claimed obstructive sleep apnea. The examiner should review the entire claims file and note such review in the opinion. The examiner should respond to the following question: Is it at least as likely as not (50 percent probability or greater) that the Veteran’s obstructive sleep apnea had its onset during service or is at least as likely as not related to an in-service injury, event, or disease? The examiner should the Veteran’s contention that he had obstructive sleep apnea during service as he fell asleep during a training movie in boot camp. A clear rationale for all opinions must be provided, and a discussion of the facts and medical principles involved would be of considerable assistance. If the examiner opines that any of the above questions cannot be resolved without resorting to speculation, then a detailed medical explanation as to why this is so must be provided. KRISTY L. ZADORA Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Lech, 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.