Citation Nr: 21022995
Decision Date: 04/19/21	Archive Date: 04/19/21

DOCKET NO. 18-14 090
DATE: April 19, 2021

REMANDED

Entitlement to service connection for sleep apnea is remanded.

REASONS FOR REMAND

The Veteran had active service from November 1960 to June 1981. 

1. Entitlement to service connection for sleep apnea is remanded.

The Veteran contends that he developed sleep apnea during active service or as a result of other service-connected conditions or because of obesity that developed from a service-connected condition.  This case was previously before the Board in December 2019 and it denied entitlement to service connection for sleep apnea.  The Veteran appealed the issue to the Court of Appeals for Veterans Claims (Court).  In a November 2020 Joint Motion for Partial Remand (JMR), the parties agreed to the Court decision to return the portion of the Board decision denying entitlement to service connection for sleep apnea.  

The JMR discussed that the prior Board decision relied on the July 2015 and February 2016 VA medical opinions for sleep apnea, finding that both were not adequate for different reasons.  Accordingly, the Board will remand herein for a new VA medical opinion on sleep apnea.  

 

The matters are REMANDED for the following action:

1. Obtain a new medical opinion for sleep apnea.  The examiner should consider all medical evidence, lay statements, and submitted medical articles and provide a comprehensive rationale for the opinions. In the opinion, the examiner should discuss:

(a.) Direct service connection: Is it as least as likely as not (50% probability) that the Veteran’s sleep apnea developed during active service or as a result of an event, injury or disease during active service? 

(b.) Secondary service connection: Is it at least as likely as not that the Veteran’s sleep apnea developed or was aggravated due to another service-connected disability? Please provide rationale as to each currently diagnosed service-connected disability. 

(c.) Does the Veteran have sleep apnea that is related to obesity? Is the Veteran’s obesity a result 

 

of a service-connected condition? Was the Veteran obese during active service? 

 

 

DAVID L. WIGHT

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	E. Miller, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.