Citation Nr: 22012218
Decision Date: 03/02/22	Archive Date: 03/02/22

DOCKET NO. 19-12 305A
DATE: March 2, 2022

REMANDED

Service connection for obstructive sleep apnea is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from March 1992 to January 1998. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2018 rating decision.

This matter was previously before the Board in January 2021 and the Veteran's claim for service connection for sleep apnea was denied. The Veteran appealed this decision to the Court of Appeals for Veterans Claims (Court). In October 2021, the Court issued a Joint Motion for Remand (JMR). 

The Court noted that the Board erred in failing to provide the Veteran with a VA examination to address whether the Veteran's sleep apnea is secondary to his service-connected posttraumatic stress disorder (PTSD). Specifically, the Court noted that there is sufficient evidence of record, including a January 2018 private examination, to show that there could potentially be a link between the Veteran's service-connected PTSD and his sleep apnea. Therefore, remand is necessary for an examination which addresses the etiology of the Veteran's sleep apnea as the low threshold for obtaining an examination and medical opinion has been surpassed in this case. See 38U.S.C. §5103A (d); McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006).

The matter is REMANDED for the following action:

Obtain a VA medical opinion to determine the nature and etiology of the Veteran's sleep apnea. The examiner must review the claims file and should note that review in the report. The rationale for all opinions should be provided. The examiner is asked to address the January 2018 private examination report which discussed a potential relationship between PTSD and sleep apnea. The examiner should explicitly provide the following opinions:

(a.) Is it at least as likely as not (50 percent or greater probability) that the Veteran's sleep apnea is due to or the result of any service-connected disabilities, including PTSD?

(b.) Is it at least as likely as not that the Veteran's sleep apnea has been aggravated by any service connected disabilities, including service-connected PTSD?

(c.) Is it at least as likely as not that the Veteran's sleep apnea is related to his military service.

 

 

Alexis M. Parrish

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Jorge Barroso, 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.