Citation Nr: 21021257
Decision Date: 04/12/21	Archive Date: 04/12/21

DOCKET NO. 15-00 216
DATE: April 12, 2021

REMANDED

Entitlement to service connection for sleep apnea is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1967 to November 1969.  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2012 rating decision of a Regional Office (RO) of the Department of Veterans Affairs (VA).  This issue was previously remanded by the Board in August 2018 and again in September 2019.  

Entitlement to service connection for sleep apnea is remanded.

As noted above, this appeal has previously been remanded on two occasions.  The Board regrets that another remand is necessary.  

The Veteran seeks service connection for sleep apnea.  While the RO has considered whether such a disability had its onset during active duty service, no opinion has been obtained regarding whether such a disability is due to or aggravated by a service-connected disability.  See 38 C.F.R. § 3.310.  In the October 2020 appellate brief and other documents, the Veteran’s representative asserts this disability is caused by or intertwined with other service-connected disabilities.  Review of the record indicates the Veteran has been granted service connection for posttraumatic stress disorder (PTSD), prostate cancer, erectile dysfunction, and surgical scars.  In light of the evidence and assertions of record, the Board finds a VA medical opinion is required.  See McLendon v. Nicholson, 20 Vet. App. 79 (2006). 

The matters are REMANDED for the following action:

1. Arrange for an appropriate health care provider to review the Veteran’s claims file and provide an opinion which addresses the following questions:

(a.) Is it at least as likely as not (50 percent probability or greater) that the Veteran's sleep apnea had causal origins in service or is otherwise related to the Veteran's active duty service, to include his in-service herbicide exposure.

(b.) Is it at least as likely as not, (50 percent probability or greater), that the Veteran's sleep apnea was (A) caused or (B) aggravated beyond its normal progression by a service-connected disability. The Veteran has been granted service connection for PTSD, prostate cancer, erectile dysfunction, and surgical scars.

Aggravation means an increase in disability any additional impairment of earning capacity of the nonservice-connected disability.

If aggravation is found, the examiner must attempt to establish a baseline level of severity of the diagnosed disability prior to aggravation by the service-connected disability.

If the reviewing health care provider finds that physical examination or telehealth interview of the Veteran and/or diagnostic testing is necessary, such should be accomplished.

A clear rationale for all opinions would be helpful and a discussion of the facts and medical principles involved would be of considerable assistance to the Board. 

 

 

M. Donohue

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Thomas D. Jones, 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.