Citation Nr: 21029947
Decision Date: 05/17/21	Archive Date: 05/17/21

DOCKET NO. 18-17 640
DATE: May 17, 2021

ORDER

Vacatur of the April 28, 2021 Board decision denying entitlement to service connection for sleep apnea, to include as secondary to service-connected posttraumatic stress disorder (PTSD), is granted.

FINDINGS OF FACT

1. On April 28, 2021 the Board issued a decision denying entitlement to service connection for sleep apnea, to include as secondary to service-connected PTSD.

2. On March 23, 2021 the Veteran's representative uploaded a Request for 90 Days to Submit Evidence to the VA Board of Veterans Appeal Intake Center.

CONCLUSION OF LAW

The criteria for vacatur of the April 28, 2021 Board decision denying entitlement to service connection for sleep apnea, to include as secondary to service-connected PTSD, have been met. 38 U.S.C. § 7104(a) (2012); 38 C.F.R. § 20.1000(a) (2019).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from August 1963 to June 1965. 

This matter is before the Board of Veterans' Appeals (Board) on appeal from a July 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). 

The Veteran testified at a hearing before the undersigned Veterans Law Judge (VLJ) in August 2019. A transcript of the hearing is associated with the electronic claims file. 

The Board issued two prior remands on this claim in November 2019 and December 2020. 

Vacatur

The Board may vacate an appellate decision at any time upon request of the appellant or his or her representative, or on the Board's own motion, when an appellant has been denied due process of law or when benefits were allowed based on false or fraudulent evidence. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1000. 

1. Vacatur of the April 28, 2021 Board decision denying entitlement to service connection for sleep apnea, to include as secondary to service-connected PTSD.

As noted above, the Veteran's representative requested a 90-day extension of time to submit new evidence in support of the Veteran's claim prior to the issuance of the April 28, 2021 Board decision. Unfortunately, this request was not associated with the Veteran's electronic claim file until after the Board decision had been completed. As the request for a 90-day extension of time has not yet been addressed, vacatur of the April 28, 2021 Board decision denying entitlement to service connection for sleep apnea, to include as secondary to service-connected PTSD is granted.

 

 

TANYA SMITH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Ruiz, Associate 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.