Citation Nr: 22010521
Decision Date: 02/23/22	Archive Date: 02/23/22

DOCKET NO. 18-17 914
DATE: February 23, 2022

REMANDED

Entitlement to service connection for obstructive sleep apnea (OSA) secondary to post traumatic stress disorder (PTSD) is remanded.

REASONS FOR REMAND

The Veteran served on active duty with the Army from July 17, to December 16, 2001, from September 2004 to January 2006, and from August 2008 to October 2009.

Entitlement to service connection for OSA secondary to PTSD is remanded.

Regarding the issue on appeal, an opinion was provided in November 2021. However, the Board finds that opinion inadequate. See Barr v. Nicholson, 21 Vet. App. 303, 312 (2007) (When VA undertakes to provide a VA examination or obtain a VA opinion, it must ensure that the examination or opinion is adequate). Indeed, it is inadequate because the opinion only speaks to causation and not aggravation as well. See El-Amin v. Shinseki, 26 Vet. App. 136, 140 (2013) (holding that when adjudicating a secondary service-connection issue, it is clear error for the Board to rely on an opinion that addressed only causation). Accordingly, a remand is required for an addendum opinion that addresses causation as well.

The matters are REMANDED for the following action:

Return the Veteran's claims file to the November 2021 VA examiner for an addendum opinion regarding his OSA aggravation. If the November 2021 VA examiner is unavailable, the addendum opinion should be rendered by another appropriate medical professional. The need for another clinical evaluation is left to the discretion of the medical professional offering the addendum opinion.

Opine as to whether it is at least as likely as not (50 percent probability or greater) that the Veteran's OSA is aggravated by (permanently worsened beyond its natural progression) his service-connected PTSD and explain why.

 

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. A. Elliott II, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.