Citation Nr: 21042747
Decision Date: 07/13/21	Archive Date: 07/13/21

DOCKET NO. 17-05 745
DATE: July 13, 2021

REMANDED

Entitlement to service connection for obstructive sleep apnea, to include as secondary to service-connected hypertension, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1996 to January 2001.

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

In September 2016, the Veteran testified before a decision review officer (DRO). A transcript of the hearing has been added to the Veteran's claims file.

In December 2018, the Board remanded the Veteran's claim for additional development. The case is once again before the Board.

1. Entitlement to service connection for obstructive sleep apnea, to include as secondary to service-connected hypertension, is remanded.

During his DRO hearing, the Veteran testified that his doctor told him that his sleep apnea was the reason he experienced headaches during service. Consistent with this, his service treatment records (STRs) show complaint of and treatment for headaches. Given that, the Board remanded for an examination to address whether the Veteran's in-service headaches were a symptom of his sleep apnea. At the ensuing examination, the examiner acknowledged the contention but did not directly address its validity in the opinion. Accordingly, the Board will remand the Veteran's claim to obtain an addendum medical opinion that discusses whether his contention has merit.

Finally, as the case is being remanded for additional development, any outstanding VA treatment records should be associated with the claims file. See Bell v. Derwinski, 2 Vet. App. 611, 613 (1992) (per curiam).

The matter is REMANDED for the following action:

1. Obtain all outstanding VA treatment records and associate them with the claims file.

2. Arrange for an appropriate healthcare provider to review the Veteran's claims file and provide an opinion on whether it is at least as likely as not (50 percent probability or greater) that his sleep apnea had its clinical onset during service or is due to an event or incident of the Veteran's period of active service.

The examiner must address the Veteran's contention that his headaches during service were a result of his then-undiagnosed sleep apnea.

 

M. Donohue

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Canedy, 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.