BVA Appeal Awarded Sleep Apnea - RO Not Rating

[pepperD]

Hi all,  been a while since I've posed a question to the forum.  October 2015, my BVA appeal was remanded to Regional Office with wording that states BVA judge agrees, I do have sleep apnea, service records indicated SA along with several other ailments and SA was diagnosed while on active duty.  During my initial CP exam, Dr. refused to indicate SA, and I have been appealing since 2009.  I haven't received the yellow envelope yet, but just tonight ebenefits shows claim is complete, but there is no rating or indication that SA was awarded, still states not service connected for Obstructive SA.

My question is does the RO have authority to ignore or nullify what the BVA Judge awarded?  Will be anxiously awaiting the yellow envelope.  Been a 7 year fight with VBA and still no resolution on SA, at least from the looks of what's in ebenefits.

 

[Gastone]

A redacted copy of the Remand, would be helpful. What were the exact instructions listed in the Remand?

Semper Fi

[pepperD]

I can type in key points from the BVA Appeal Notification from Oct 19, 2015.

 

Finding of Fact

The weight of the evidences shows that the Veteran has sleep apnea as a result of active service.

Conclusion of the Law

The criteria to establish service connection for sleep apnea have been met.

38 USCA 1110, 1131(WEST 2002): 38 CFR #.303 (2014)

Reasons and Bases for Finding and Conclusion

I'll paraphrase this - it's almost 2 pages:

My etiology - A Jan 2008 sleep study .... The diagnosis was mild obstructive sleep apnea.

A January 2009 VA examination report reflects veterans reports of having sleep problems since 1991. The examiner did not perform a sleep study, but rather cited the Jan 2008 Sleep Study which the examiner noted showed obstructive sleep apnea.  The examiners assessment was sleep apnea.

 

Order

Entitlement to service connection for sleep apnea is granted.

 

Signed by Veterans Law Judge

 

Thanks for your help.