Citation Nr: 21013603 Decision Date: 03/09/21 Archive Date: 03/09/21 DOCKET NO. 13-33 205 DATE: March 9, 2021 REMANDED Entitlement to service connection for a heart disability is remanded. Entitlement to service connection for hypertension, to include as secondary to a heart disability is remanded. Entitlement to service connection for obstructive sleep apnea (OSA), to include as due to a heart disability is remanded. REASONS FOR REMAND The Veteran honorably served in the United States Air Force from July 1984 to October 1989 and November 2003 to March 2004. He subsequently served in the Air Force Reserve. In a December 2017 decision, the Board denied service connection for a heart condition, hypertension, and OSA. The Veteran appealed that decision to the U.S. Court of Appeals for Veterans Claims (Court). In April 2019, the Court granted the parties’ Joint Motion for Partial Remand (JMPR), vacating the parts of the Board’s decision which denied these claims and remanding them to the Board for further development and readjudication. To comply with the terms of the JMPR, the Board remanded the claims to the Agency of Original Jurisdiction (AOJ) in October 2019. The October 2019 remand directed the AOJ to obtain VA examinations to determine the nature and etiology of the Veteran’s heart condition, hypertension, and OSA. VA requested the examinations in January 2020. In February 2020, the VA examinations were completed and associated with the record. The September 2020 Board decision remanded the appeal to obtain the Veteran’s complete service personnel records, to include all documents pertaining to his service in the Air Force Reserve. In September 2020 additional service personnel records were added to the claims file that included additional dates of Guard/Reserve Active Service (GRAS) to include various time periods after Veteran’s March 2004 separation though May 2009. It is noted in the report that these service periods qualify the Veteran for VA benefits, subject to other (eligibility) requirements. The January 2020 VA examiner predicated the negative nexus opinions based upon the fact the Veteran had no active service after 2004 because the examiner did not have access to the GRAS periods continuing through 2009. Consequently, addendum VA opinions should be obtained which consider the additional dates of GRAS obtained as a result of the September 2020 Board remand. The matters are REMANDED for the following action: 1. Obtain addendum VA opinions. The entire claims file should be made available to the examiner, including the additional dates of Guard/Reserve Active Service obtained as a result of the September 2020 Board remand. (a.) Provide an opinion whether the Veteran’s heart disability was at least as likely as not caused or aggravated during any periods of Guard/Reserve Active Service. (b.) Provide an opinion whether the Veteran’s hypertension was at least as likely as not caused or aggravated during any periods of Guard/Reserve Active Service. In addition, the examiner should address whether it is as likely as not that the Veteran’s hypertension was caused or aggravated by his heart disability. (c.) Provide an opinion whether the Veteran’s OSA was at least as likely as not caused or aggravated during any periods of Guard/Reserve Active Service. R. FEINBERG Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. St. Laurent, 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.