12-05 926, 12-05 926

Veteran served on active duty from January 1976 to January 1996 and appealed VA RO decisions from July 2010.
Claims on appeal: service connection for obstructive sleep apnea and an increased rating for service-connected right knee disability (currently 10%).
June 2014 Board remand ordered a VA examination and etiological opinion for sleep apnea, directing the examiner to consider continuity of symptomatology since service.
May 2016 VA exam diagnosed obstructive sleep apnea (date of diagnosis May 2009) but gave a cursory opinion stating no STR evidence and noting lay statements were considered without analysis.
May 2016 knee DBQ lacked required testing (pain on passive motion; weight-bearing vs nonweight-bearing ranges) per Correia requirements.
Board found the sleep-apnea opinion inadequate for failing to analyze lay statements and the veteran’s assertions, and found the knee exam inadequate under Correia; remanded both claims for further development and new/clarifying examinations.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Service connection for obstructive sleep apnea	Veteran asserts onset/symptoms during service and submitted lay statements asserting continuity since service	VA examiner concluded no STR evidence of sleep issues and no clinical evidence during service; noted lay statements were considered without analysis	Remanded: examiner must provide an addendum addressing probative value of veteran's assertions and lay statements and fully rationalize etiology opinion
Increased rating for right knee disability	Veteran seeks higher rating based on current severity/functional loss	VA's May 2016 DBQ lacks required testing (passive motion; weight-bearing vs nonweight-bearing; paired joint measures)	Remanded: provide contemporaneous knee exam complying with Correia, including specified testing and rationale as to functional impact

Neives-Rodriguez v. Peake, 22 Vet. App. 295 (2008) (medical opinions must address and analyze relevant lay statements)
Stefl v. Nicholson, 21 Vet. App. 120 (2007) (medical opinions must provide sufficient analysis for the Board to weigh)
Stegall v. West, 11 Vet. App. 268 (1998) (remand compliance and duty to afford requested development)
Barr v. Nicholson, 21 Vet. App. 303 (2007) (VA must provide an adequate exam once it undertakes one)
Correia v. McDonald, 28 Vet. App. 158 (2016) (VA exams must test pain on active and passive motion, weight-bearing and nonweight-bearing, and, if possible, compare to the contralateral joint)
Kutscherousky v. West, 12 Vet. App. 369 (1999) (appellant may submit additional evidence after remand)