Citation Nr: 21031932
Decision Date: 05/25/21	Archive Date: 05/25/21

DOCKET NO. 18-14 010
DATE: May 25, 2021

REMANDED

Entitlement to service connection for obstructive sleep apnea is remanded.

REASONS FOR REMAND

The appellant is a Veteran who served on active duty from July 2004 to February 2007.  This matter is before the Board of Veterans' Appeals (Board) on appeal from a September 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In September 2020, a Video Conference Board hearing was held before the undersigned.  A transcript of the hearing is associated with the Veteran's claims file.  

Entitlement to service connection for obstructive sleep apnea is remanded.

The Veteran has asserted he has been diagnosed with obstructive sleep apnea (OSA), as a direct result of his service.  In the alternative he asserts OSA is secondary to his service-connected depression.  

In September 2017, a statement from I. B. was submitted supporting the Veteran's contention that he has suffered from sleep difficulties since the time in service.  

The Veteran has submitted various articles in support of the contention that OSA is related to depression. 

The Veteran was afforded an examination in September 2017.  The examiner rendered an opinion that OSA is less likely than not caused by depression.  The examiner did not provide as to whether OSA was aggravated by depression, or if OSA is directly related to service.  

To afford the Veteran all consideration for his claimed OSA, a VA examination and opinion addressing etiology would be helpful.

The matters are REMANDED for the following action:

1. Schedule the Veteran for an appropriate examination for the claimed OSA.  The examiner is asked to render an opinion as to:  

a)	Whether OSA is at least as likely as not due to service. 

b)	Whether it is it is at least as likely as not that OSA was caused or aggravated by the service-connected depression. 

The examiner is asked to provide an opinion as to both causation and aggravation for the claimed disability.  

If aggravation is found, please identify to the extent possible the baseline level of disability prior to the aggravation and determine what degree of additional impairment is attributable to aggravation of the OSA by the service-connected depression. 

The examiner is asked to address the Veteran's contentions.  To the extent the Veteran reported sleepiness during service, he is competent to so report.

The examiner is asked to address the supplied articles in support of the contention that OSA is related to psychiatric disabilities.  

A complete rationale for all opinions must be provided.

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Skiouris, 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.