Citation Nr: 21015207 Decision Date: 03/16/21 Archive Date: 03/16/21 DOCKET NO. 18-15 493 DATE: March 16, 2021 REMANDED Entitlement to service connection for sleep apnea, claimed as difficulty sleeping is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1983 to June 2005. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2016 rating decision of a Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ). This case has been before the Board previously. In June 2019 the Board denied the Veteran’s application to reopen the claim which was then appealed the United States Court of Appeals for Veterans Claims (Court). The matter was returned to the Board for action consistent with a June 2020 Joint Motion for Remand (JMR). In a November 2020 decision, the Board reopened the claim of entitlement to service connection for sleep apnea, claimed as difficulty sleeping, and then remanded the claim to the AOJ for additional development. In March 2021 correspondence, the Veteran’s attorney asserts that the December 2020 VA examination opinion is inadequate. The Board agrees. Indeed, the Board finds deficiencies with the December 2020 VA medical opinion and therefore remands the claim to obtain an adequate one. The examiner indicated that he had reviewed the entire claims file; however, the Board finds the VA examiner failed to consider favorable evidence of record. The examiner found that there was no evidence of sleep difficulty or a sleep apnea diagnosis until 2015 or 2016 when it was found on a sleep study. The Board observes; however, an October 2007 sleep study done at the Huntsville Hospital (notably 2 years post service) diagnosed obstructive sleep apnea. Accordingly, a medical opinion that considers all of the evidence of record, to include the October 2007 sleep study is necessary. See Barr v. Nicholson, 21 Vet. App. 303, 311 (2007) (Once VA undertakes the effort to provide a medical opinion when developing a service-connection claim, it must provide an adequate one or, at a minimum, notify the claimant why one will not or cannot be provided). The matters are REMANDED for the following action: 1. Obtain an addendum opinion for the obstructive sleep apnea to ascertain the likelihood that the Veteran’s currently diagnosed sleep apnea is related to his service. The claims file, including a copy of this Remand, should be made available to the examiner, who must acknowledge receipt and review of these materials in any report generated as a result of this remand. Regarding the October 2007 sleep study, the examiner should note that it is located within a record that was received by VA in October 2016. The need for another examination is left to the discretion of the medical professional offering the addendum opinion. After a complete review of the claims file, the examiner is asked to provide an opinion as to whether it is at least as likely as not (50 percent probability or more) that the Veteran’s currently diagnosed obstructive sleep apnea had its onset during active service, or is otherwise causally or etiologically related to service. M. MCPHAULL Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board William J. Jefferson III 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.