Citation Nr: 22014985
Decision Date: 03/15/22	Archive Date: 03/15/22

DOCKET NO. 18-49 130
DATE: March 15, 2022

REMANDED

Entitlement to service connection for obstructive sleep apnea is remanded.

Entitlement to service connection for a heart disorder to include ischemic heart disease is remanded.

REASONS FOR REMAND

The Veteran had active service in the United States Marine Corps (USMC) from April 1966 to April 1969.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from an August 2018 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

This case was previously before the Board in July 2019, at which time it was remanded for additional development. The case has now been returned to the Board for further appellate action.

Sleep apnea, heart disorder

The claims for entitlement to service connection for sleep apnea and entitlement to service connection for a heart disorder must be remanded for the issuance of a supplemental statement of the case (SSOC). A review of the record shows that additional relevant evidence was added to the file by VA since the last SSOC regarding those issues in July 2020. Specifically, VA treatment records have been associated with the Veteran's file. As no SSOC was issued after the addition of those records to the claims file, remand is required so that this new evidence can be reviewed in the first instance by the agency of original jurisdiction. 38 U.S.C. § 7105; 38 C.F.R. § 19.31.

The matters are REMANDED for the following action:

1. Review the issues of entitlement to service connection for obstructive sleep apnea, and entitlement to service connection for a heart disorder based on the entirety of the evidence, to specifically include VA treatment records received after the issuance of the July 2020 SSOC and any additional pertinent evidence and issue the Veteran a SSOC.

 

Irvin Cannaday

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Ivan Franklin

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.