Citation Nr: 21022012 Decision Date: 04/14/21 Archive Date: 04/14/21 DOCKET NO. 19-24 920 DATE: April 14, 2021 REMANDED Entitlement to service connection for sleep apnea secondary to the service-connected asbestosis with pleural plaques is remanded. REASONS FOR REMAND The Veteran served on active duty from May 1956 to May 1960. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2017 rating decision. In February 2021, he had a hearing before the undersigned Veterans Law Judge. After the Board hearing, the Veteran’s representative requested the status of a claim for service connection for depression that the Veteran had filed in July 2019. The file shows he was sent a letter on July 29, 2019, informing him the claim he had filed was incomplete, as he had not completed the application with respect to new and relevant evidence. It does not appear that he ever responded. He is advised to resubmit this claim, and, since it was previously denied, complete the application concerning the submission of new and relevant evidence. The Veteran contends that his sleep apnea is secondary to his service-connected asbestosis with pleural plaques. He underwent two VA examinations in July 2017 and July 2019. The July 2017 examiner opined that the Veteran’s sleep apnea was less likely than not related to his history of asbestos exposure because there was insufficient evidence to support a causal relationship. The July 2019 examiner opined that there “is no evidence to support permanent residual or chronic disabling condition for sleep apnea related to asbestosis and pleural plaques.” Neither examiner addressed the theory of aggravation, however. See El-Amin v. Shinseki, 26 Vet. App. 136 (2013). Accordingly, the Board finds that an addendum medical opinion is necessary to adequately address the Veteran’s secondary service connection claim. See Barr v. Nicholson, 21 Vet. App. 303, 312 (2007). The matters are REMANDED for the following action: Forward the claims file to a VA examiner for a medical opinion regarding the Veteran’s claim. An in-person examination is not necessary unless determined otherwise by the examiner. After a review of the claims file, the examiner should respond ot the following: Is it at least as likely as not that the Veteran’s service-connected asbestosis with pleural plaques aggravated his sleep apnea disorder? MICHELLE L. KANE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Lavan 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.