Citation Nr: 22012151
Decision Date: 03/02/22	Archive Date: 03/02/22

DOCKET NO. 15-31 755
DATE: March 2, 2022

REMANDED

Service connection for sleep apnea is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1995 to May 2002.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2012 rating decision.

In October 2018, the Veteran testified before the undersigned Veterans Law Judge (VLJ) at a Travel Board hearing.  A transcript of that hearing is of record.

This issue was previously before the Board in April 2019 and July 2021.

The Board notes the issue of entitlement to service connection for varicose veins was also remanded by the Board in July 2021.  This issue was granted in a December 2021 rating decision and is no longer on appeal.  Grantham v. Brown, 114 F.3d 1156, 1158 (Fed. Cir. 1997) (holding that a separate notice of disagreement must be filed to initiate appellate review of downstream elements such as the disability rating or effective date assigned).

 

Service connection for sleep apnea is remanded.

In its July 2021 remand, the Board requested the AOJ to obtain the Veteran's VA treatment records from January 2002 to June 2010 from the VA Connecticut Healthcare System, VA Central Western Massachusetts Healthcare System, and VA Boston Healthcare System.  The Board observes the AOJ attempted to obtain these records in July 2021.  The VA Connecticut Healthcare System provided the Veteran's records; however, there was no response from the Boston VA Healthcare system.  Further, a response was received from the Northampton VA Healthcare facility in October 2021 stating that, "There are records in JLV and vista imaging for the dates of service you are requesting.  The veteran was seen prior to 2010 with the DOD.  Those records are also in JLV."  It does not appear that these records have been associated with the file.  As such, they must be obtained on remand.  

The matters are REMANDED for the following action:

1. Obtain the Veteran's updated VA treatment records from July 2021 forward.

2. Obtain the Veteran's VA treatment records for the period January 2002 to June 2010 from the VA Central Western Massachusetts Healthcare System and VA Boston Healthcare System.  Of note, a response was previously received from the Northampton VA Healthcare facility in October 2021 stating that, "There are records in JLV and vista imaging for the dates of service you are requesting.  The veteran was seen prior to 2010 with the DOD.  Those records are also in JLV."  All records from the DOD and records in JLV must be obtained and associated with the file.

If any of the treatment records are unavailable, a formal finding of unavailability must be issued by the AOJ.  Further, the Veteran and his representative must be notified of the unavailability of the VA records, to include the name(s) of the VA facility(ies), the date(s) that are unavailable and the attempts made by the AOJ to locate the records.

 

 

P. M. DILORENZO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Buck Denton

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.