Citation Nr: 22017258
Decision Date: 03/24/22	Archive Date: 03/24/22

DOCKET NO. 16-26 369
DATE: March 24, 2022

REMANDED

Entitlement to service connection for obstructive sleep apnea (OSA) is remanded.

REASONS FOR REMAND

The Veteran served on active duty with the United States Air Force from January 1981 to January 1985.  

This matter is before the Board of Veterans' Appeals (Board) on appeal from a November 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  

In June 2021, the Veteran provided testimony at a hearing before a Veterans Law Judge (VLJ).  A transcript of the hearing is of record.  In January 2022, the Veteran was advised that the VLJ who had conducted the hearing was no longer employed by the Board and he was given an opportunity to appear at another hearing.  As he did not respond within 30 days, it was presumed that he did not want another hearing.  

In June 2021, the Board remanded the claim for further development.  The claim has been returned to the Board.

1. Entitlement to service connection for OSA is remanded.

The Veteran contends that his current OSA, diagnosed based on a 1999 sleep study, was first manifested in service.  He claims file includes lay statements from his brother and others who state that, beginning when he was in service (and not noted earlier), he was observed to be snoring heavily and gasping for breath in his sleep.  The Board found the various lay statements of record to be credible regarding the onset of his sleep apnea symptoms.  

The claim was remanded by the Board in June 2021 to obtain a VA medical opinion regarding the etiology of the Veteran's OSA.  

Thereafter, a VA medical opinion was provided in July 2021.  However, the Board finds the opinion is inadequate to adjudicate the claim. In this regard, the examiner noted that the lay statements were reviewed but incorrectly stated that the statements did not indicate an onset of symptoms during service.  Moreover, the examiner relied on the absence of documentation of sleep impairment during service as a basis for the negative opinion.  Thus, an addendum opinion is needed on remand.

The matter is REMANDED for the following action:

Return the claims file to an appropriate VA examiner in order to obtain an opinion as to the nature and etiology of the Veteran's diagnosed OSA. If a new examination is deemed necessary to respond to this request, one should be scheduled.

The examiner should review the claims file and provide the following opinion:

Whether it is at least as likely as not (50 percent or greater probability) that OSA had its onset during the Veteran's active service or is otherwise etiologically related to such service.

The examiner must specifically address the significance of the lay statements and hearing testimony providing accounts of observations of the Veteran's loud snoring and gasping for breath in his sleep during service, i.e., do those accounts support that OSA was first manifested during service (although confirmed by sleep study many years later when evaluation/treatment was first sought)?

A complete rationale must be expressed for all opinions provided.

 

 

Christopher J. O'Donnell

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Henriquez, 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.