Citation Nr: 22044546
Decision Date: 08/05/22	Archive Date: 08/05/22

DOCKET NO. 14-17 295
DATE: August 5, 2022

REMANDED

The issue of service connection for bilateral hand tremors, to include as secondary to service-connected disability, is remanded.

The issue of service connection for a sleep disorder, to include as secondary to service-connected disability, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1970 to September 1972. He died in 2020. The appellant is his surviving spouse and was substituted as the claimant in April 2021.

These matters come before the Board of Veterans' Appeals (Board) on appeal from a January 2014 rating decision by a Department of Veterans Affairs (VA) regional office (RO). 

1. Bilateral hand tremors

2. Sleep disorder

The matters are REMANDED for the following actions:

1. BACKGROUND FOR THE RO ADJUDICATOR:

In July 2018, the Board remanded the Veteran's claims for VA examinations and opinions as to whether the disabilities were related to service or to a service-connected disability. While the Veteran did not report for these examinations, opinions based on the evidence are still necessary.  

Additionally, the Veteran had disability benefits from the Social Security Administration (SSA) prior to his death. Upon remand, all relevant records from the SSA, to include medical records used in deciding any claim for disability benefits, should be obtained.

THE REMAND DIRECTIVES FOLLOW: 

2. Request all relevant records from the Social Security Administration, to include medical records used in deciding any claim for disability benefits.

3. After records development is completed, the claims file should be sent to an appropriately qualified examiner for an opinion as to whether the Veteran's hand tremors began during or were caused by an in-service injury, event, or disease.  

The examiner must also address whether bilateral hand tremors were (a) caused by, or (b) aggravated by (worsened beyond natural progression) the Veteran's service-connected traumatic brain injury (TBI) with cognitive disorder and posttraumatic stress disorder (PTSD).

The examiner must review the claims file. However, his/her attention is called to the following:

	November 2013 VA peripheral nerves condition examination report

	VA treatment records reflecting a hand tremor

4. After records development is completed, the claims file must be sent to an appropriately qualified examiner for an opinion as to whether any sleep disorder began during or were caused by an in-service injury, event, or disease.  

The examiner must also address whether any sleep disorder was (a) caused by, or (b) aggravated by (worsened beyond natural progression) service-connected TBI with cognitive disorder and PTSD.

(CONTINUED ON THE NEXT PAGE)

The examiner must review the claims file. However, his/her attention is called to the following:

	September 2014 VA PTSD examination report highlighting the Veteran's complaints of nightmares affecting his sleep

	VA treatment records noting trouble sleeping

 

 

Vito A. Clementi

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. D. Bruce, Counsel

The Board's action is binding only in this case. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.