Citation Nr: 21028403
Decision Date: 05/11/21	Archive Date: 05/11/21

DOCKET NO. 16-32 568
DATE: May 11, 2021

REMANDED

Entitlement to service connection for obstructive sleep apnea (OSA) is remanded.

REASONS FOR REMAND

The Veteran had active service from August 1982 to February 1986.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2015 rating decision.  This matter was previously before the Board in November 2018.

This matter must be remanded in order to comply with the Veteran's procedural rights.  This matter was remanded by the Board in November 2018 for additional development.  That additional development was accomplished, but no Supplemental Statement of the Case (SSOC) was provided, or, at the very least, no SSOC was made a part of the record before the Board.

Additionally, a remand is required because the October 2019 VA opinion is not adequate to guide the Board in adjudicating this matter.  The October 2019 opinion indicates that the condition of OSA is linked to a variety of risk factors most of which are "physical attributes that one either already has or develops in life" which in the opinion of the examiner is not logically correlated with simply being in military service.  However, the clinician did not identify which (if any) of these risk factors was relevant to the Veteran's case, nor did the examiner adequately address the question of whether it was at least as likely as not that the Veteran's OSA (which may admittedly be the result of physical characteristics that she had or developed) had its onset during the Veteran's active service. Accordingly, this matter is REMANDED for the following actions:

1. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran's OSA at least as likely as not had its onset during her period of service or was otherwise caused by her service.  A complete rationale must be provided for this opinion, and the rationale should relate the reasons for the opinion to the relevant medical evidence in the Veteran's record.  In the event that this opinion cannot be provided without an additional examination, the Veteran should be scheduled for an appropriate examination.

2. Once the development requested above, and any other development that may be indicated as a result has been completed, readjudicate the claim on appeal.  If the claim is not granted to the Veteran's satisfaction, provide the Veteran, and her representative, with an appropriate SSOC and the requisite time to respond.  Then, if the matter is otherwise in order, return the matter to the Board for further appellate review. 

 

 

THERESA M. CATINO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Steven H. Johnston, 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.