Citation Nr: 21013006 Decision Date: 03/08/21 Archive Date: 03/08/21 DOCKET NO. 19-33 295 DATE: March 8, 2021 ORDER The Board of Veterans’ Appeals (Board) vacates its November 4, 2020 decision denying service connection for sleep apnea, to include as secondary to service-connected coronary artery disease and atrial fibrillation. REMANDED Entitlement to service connection for sleep apnea, to include as secondary to service-connected coronary artery disease and atrial fibrillation, is remanded. FINDING OF FACT The Board, in its prior November 4, 2020 decision, decided the claim before ruling on the Veteran’s previously filed extension request. CONCLUSION OF LAW The criteria for vacating the November 4, 2020 Board decision denying service connection for sleep apnea, to include as secondary to service-connected coronary artery disease and atrial fibrillation, have been met, and the Board’s decision is vacated. 38 U.S.C. § 7104; 38 C.F.R. § 20.904. VACATUR OF THE BOARD’S NOVEMBER 4, 2020 DECISION The Board may vacate an appellate decision at any time upon request of the appellant or his or her representative, or on the Board’s own motion, when an appellant has been denied due process of law or when benefits were allowed based on false or fraudulent evidence. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.904. For the reasons discussed below, the November 4, 2020 decision is vacated. In this case, the Board finds that it prematurely issued a decision before ruling on the Veteran’s extension request dated October 2, 2020. The Veteran requested an additional 90 days from the original deadline of October 13, 2020 to submit a medical nexus letter for his service connection claim for sleep apnea. The Veteran subsequently submitted his medical nexus letter on November 10, 2020. Since the proposed extension deadline has passed, the Board will consider the medical nexus letter and argument submitted by the Veteran when reconsidering the claim. Thus, the Board vacates its November 4, 2020 decision denying service connection for sleep apnea, to include as secondary to service-connected coronary artery disease and atrial fibrillation. The Board will reconsider the claim as if the November 2020 decision had never been issued. REASONS FOR REMAND The Veteran served on active duty from November 1963 to January 1986. This case comes before the Board on appeal of a December 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge during a July 2020 hearing. The Veteran submitted a medical nexus letter dated October 21, 2020 written by Dr. S.K. from VA Pacific Islands Health Care System. Dr. S.K. stated that sleep apnea has a close causal relationship with heart disease, such as arteriosclerotic heart disease and super ventricular arrythmias (such as atrial fibrillation). The Veteran is currently service connected for coronary artery disease and atrial fibrillation. There is no VA opinion regarding secondary service connection in the Veteran’s claim file. Thus, a remand is warranted for the RO to obtain a VA medical opinion. The matter is REMANDED for the following action: Request that a VA medical professional provide a medical opinion based upon a claims file review, addressing secondary service connection for the Veteran’s claimed sleep apnea disability. The entire record, including previous Board remand decisions, medical records, VA examinations, and the medical nexus opinion from October 21, 2020 written by Dr. S.K., must be reviewed by the examiner. Based upon the claims file review, the examiner is requested to provide an opinion as to the following: The examiner must opine as to whether the Veteran’s claimed sleep apnea disability is at least as likely as not (50 percent probability or greater) proximately caused or aggravated by a service-connected disability, to specifically include the service-connected for coronary artery disease and atrial fibrillation. The examiner should note that the term "aggravated by" refers to a chronic or permanent worsening of the underlying condition, as contrasted to mere temporary or intermittent flare-ups of symptoms that resolve and return to the baseline level of disability. If the opinion is that a service-connected disability or disabilities aggravated the Veteran’s claimed sleep apnea disability, the examiner should specify, so far as possible, the degree of disability resulting from such aggravation. A rationale for the opinion must be provided. A. C. MACKENZIE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Hetman 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.