Citation Nr: 21015328 Decision Date: 03/17/21 Archive Date: 03/17/21 DOCKET NO. 17-43 401 DATE: March 17, 2021 REMANDED Entitlement to service connection for obstructive sleep apnea (OSA) is remanded. REASONS FOR REMAND The Veteran served active duty service from June 1981 to April 1993 and September 2001 to September 2004. The issue comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2016 rating decision by the Department of Veteran Affairs (VA) Regional Office (RO). The issue was denied by the Board in May 2019, and the Veteran appealed the denial to the U. S. Court of Appeals for Veterans Claims (Court). In an Order of March 2020, the Court granted the parties’ Joint Motion for Remand (JMR), vacated and remanded the matter to the Board for development consistent with the JMR. Entitlement to service connection for obstructive sleep apnea (OSA) is remanded. The Veteran has been diagnosed with OSA, which he contends is the result of his service. In the alternative, he argues a secondary relationship to post-traumatic stress disorder (PTSD). The Board acknowledges that there is of record a February 2017 positive nexus opinion from G. G. U., ARNP, MN, FNP, LNC, finding that the Veteran’s OSA is at least as likely as not related to his PTSD. Nonetheless, the Board cannot adjudicate the issue of service connection for OSA as service connection for PTSD is currently pending before the RO. Thus, as the outcome of the Veteran’s claim for service connection for PTSD may substantially affect the merits of his claim for service connection for OSA, the claim for OSA is deemed inextricably intertwined and is remanded. Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (two issues are “inextricably intertwined” when they are so closely tied together that a final Board decision cannot be rendered unless both issues have been considered); Tyrues v. Shinseki, 23 Vet. App. 166, 178 (2009). Accordingly, the matter is REMANDED for the following action: After adjudication of the claim for PTSD, readjudicate the claim for service connection for OSA. If the decision is adverse to the Veteran, issue a Supplemental Statement of the Case (SSOC) and allow the applicable time for response. Then, return the case to the Board. D. Martz Ames Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N. Stevens, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.