Citation Nr: 22012807
Decision Date: 03/07/22	Archive Date: 03/07/22

DOCKET NO. 16-39 091
	DATE: March 7, 2022	

REMANDED

The claim for service connection for obstructive sleep apnea (OSA) secondary to service-connected rhinitis is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1972 to January 1996. 

In March 2019, the Veteran testified at a Board hearing held before the undersigned Veterans Law Judge (VLJ).  A complete transcript is of record. 

In January 2021, the Veteran's appeal was denied by the Board which was then vacated by the Court of Appeals for Veterans Claims (Court).  This appeal has now been returned to the Board for compliance with the November 2021 Joint Motion for Partial Remand (JMPR).  (The Veteran did not challenge the Board denials of entitlement to service connection for a low back condition, right ankle condition, left ankle condition, bilateral hearing loss, and hypertension.)

Specifically, the JMPR determined that the December 2019 VA examination opinion was inadequate as the VA examiner misunderstood the question of secondary aggravation as reflected in the rationale.  Here, the VA examiner did not provide a rationale regarding whether the Veteran's service-connected allergic rhinitis aggravated his OSA.  Rather, the rationale discussed whether the service-connected allergic rhinitis aggravated the Veteran's in-service upper respiratory infections.

For this reason, the December 2019 VA opinion is inadequate for adjudication purposes and a new VA etiological opinion is necessary.

The matters are REMANDED for the following action:

Obtain addendum a VA opinion to address the etiology of the Veteran's sleep apnea.  The examiner should answer the following questions (If a physical examination is necessary to answer the Board's questions, one should be scheduled):

a) Is it at least as likely as not (50 percent or greater) that the Veteran's OSA either began during or was otherwise caused by his military service.  Why or why not?

b) Is it at least as likely as not (50 percent or greater) that the Veteran's OSA was caused by a service-connected disability such as allergic rhinitis?  Why or why not?

c) Is it at least as likely as not (50 percent or greater) that the Veteran's OSA was aggravated (made worse) by a service-connected disability such as allergic rhinitis?  Why or why not?

(Continued on next page)

In providing the requested opinions, the examiner should review the JMPR (see CAVC Decision, received November 4, 2021, p. 3-5) for an explanation as to why the previous VA examination opinion was found to be inadequate.

 

 

MATTHEW W. BLACKWELDER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	H. Yoo, 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.