Citation Nr: 21027756
Decision Date: 05/06/21	Archive Date: 05/06/21

DOCKET NO. 14-09 235
DATE: May 6, 2021

REMANDED

Entitlement to service connection for a sleep disorder, to include narcolepsy and idiopathic hypersomnolence is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the U.S. Army from January 2009 to July 2009. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2010 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Jackson, Mississippi.

This claim was remanded in January 2018.  The Board finds that such remand was not substantially complied with, and although the Board regrets the delay, remand is necessary to ensure that there is a complete record on which to decide the Veteran's claim.  Stegall v. West, 11 Vet. App. 268, 271 (1998).

Entitlement to service connection for a sleep disorder, to include narcolepsy and idiopathic hypersomnolence is remanded.

In January 2018 the Veteran's claim was remanded for a VA examination and opinion based upon her current medical diagnoses of narcolepsy and idiopathic hypersomnolence, in-service complaints of difficulty staying awake during the day, and her argument that her current sleep disorders are related to her in-service complaints.  However, in October 2018 she was given a VA examination related to sleep apnea.  This examination is was not the examination requested, and is therefore inadequate to adjudicate this claim, and a new and proper examination must take place.  See McLendon v. Nicholson, 20 Vet. App. 79 (2006). 

The matters are REMANDED for the following action:

1. Obtain and associate with the claims file any outstanding VA treatment records from the Jackson VA Medical Center and any other VA facility identified by the Veteran. All attempts to obtain these records should be documented in the claims file. 

2. Thereafter, schedule the Veteran for VA examination with an appropriate examiner to address the nature and etiology of her sleep disorder.  The examiner must review pertinent documents in the Veteran's claims file in conjunction with the examination. This must be noted in the examination report. 

The examiner must state whether it is at least as likely as not (a 50 percent probability or greater) that any of the Veteran's current sleep disorders (narcolepsy, idiopathic hypersomnolence, and any other identified sleep disorder) (1) had its onset in service or was otherwise etiologically related to active service, or (2) was caused or aggravated (made worse) by a service-connected disability (including any treatment for such disabilities). In providing this opinion, the examiner must specifically address the June 2009 in service complaints of extreme drowsiness and falling asleep during formation and the October 2019 private medical opinion. 

Rationale for all requested opinions shall be provided.  If the examiner cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation stating why this is so.  In so doing, the examiner shall explain whether the inability to provide a more definitive opinion is the result of a need for additional information or that he or she has exhausted the limits of current medical knowledge in providing an answer to that particular question.

The Veteran has the right to submit additional evidence and argument on the matter the Board has remanded.  See Kutscherousky v. West, 12 Vet. App. 369 (1999).

This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board or by the United States Court of Appeals for Veterans Claims (Court) for additional development or other appropriate action must be handled in an expeditious manner.  38 U.S.C. §§ 5109B, 7112.

 

 

B.T. KNOPE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Billinger, Associate Counsel