Citation Nr: 18140407 Decision Date: 10/03/18 Archive Date: 10/03/18 DOCKET NO. 16-30 427 DATE: October 3, 2018 ORDER Entitlement to an increased rating for a back condition is dismissed. REMANDED Entitlement to service connection for sleep apnea is remanded. Entitlement to service connection for a gastrointestinal disorder, claimed as irritable bowel syndrome (IBS) is remanded. FINDINGS OF FACT In June 2018, the Veteran testified at the Board hearing that he wished to withdraw his appeal for an increased rating for a service-connected back condition. CONCLUSIONS OF LAW The criteria for withdrawal of the claim for a higher rating for a service-connected back condition are met. 38 U.S.C. § 7105 (d)(5) (2012); 38 C.F.R. § 20.204 (2017). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the United States Marine Corps from February 1973 to May 1976 and in the United States Army from January 1991 to April 1991, including service in the Persian Gulf. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2012 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO) in Cleveland, Ohio. The Veteran presented sworn testimony at a hearing before the undersigned in June 2018. Entitlement to an increased rating for a back condition An appeal may be withdrawn by an appellant or his or her authorized representative as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 20.204. At the June 2018 hearing before the Board, the Veteran withdrew his appeal in connection with a claim of entitlement to an increased rating for a service-connected back condition. See June 2018 Hearing Tr. at 3. Accordingly, the Board does not have jurisdiction to review this appellate claim, and it is dismissed. REASONS FOR REMAND 1. Entitlement to service connection for sleep apnea is remanded. The Veteran asserts that he developed sleep apnea secondary to his weight gain, as a result of his service-connected post-traumatic stress disorder (PTSD), major depressive disorder. See June 2018 Hr’g Transcript at 4. The record reflects the Veteran has a clinical diagnosis of obstructive sleep apnea. See June 2016 Sleep Study/Polysomnography Consult. The Board finds that this issue needs to be remanded to obtain a needed medical opinion as the relationship, if any, between the Veteran’s current sleep apnea and his service-connected PTSD, major depressive disorder. 2. Entitlement to service connection for a gastrointestinal disorder, claimed as IBS is remanded. The Board finds that remand is necessary to provide the Veteran with a VA examination to determine the nature and etiology of his gastrointestinal intestinal disorder, claimed as IBS. Throughout the appeal this issue has been claimed as IBS; however, the Veteran does not have a current diagnosis for that condition. The May 2012 VA examiner opined that the Veteran did not meet the diagnostic criteria for irritable bowel syndrome, because the Veteran did not have alternating constipation and diarrhea. The VA examiner did diagnose the Veteran with diverticulitis. See May 2012 VA examination. However, the VA examiner provided a negative nexus opinion regarding the Veteran’s diverticulitis and active duty service. Id. At his June 2018 hearing, the Veteran testified that he has been diagnosed with IBS and has had recurrent symptoms related to his IBS since service. See June 2018 Hr’g Transcript at 10, 11. The Board finds that the Veteran should be provided with an examination that addresses all potential theories of entitlement. These matters are REMANDED for the following action: 1. With any necessary assistance from the Veteran, obtain any missing VA treatment notes and associate them with the claims file. Sleep Apnea 2. Notify the Veteran that he may submit lay statements from himself and from other individuals who have first-hand knowledge, and/or were contemporaneously informed of his in-service and post-service psychiatric and sleep symptoms and the impact of those conditions on his ability to work. The Veteran should be provided an appropriate amount of time to submit this lay evidence. 3. Obtain an addendum opinion to determine the nature and etiology of the Veteran’s claimed sleep apnea. The entire claims file should be reviewed by the examiner. An examination should only be scheduled if deemed necessary by the examiner. The examiner should provide an opinion as to whether it is at least as likely as not that any diagnosed sleep apnea is proximately due to, or the result of, the Veteran’s service-connected PTSD, major depressive disorder, to include weight gain as a result of medication used to treat PTSD, major depressive disorder. A complete rationale should be provided for the opinion expressed. Gastrointestinal Disorder, claimed as IBS 1. Contact the Veteran and ask that he identify any outstanding VA and non-VA records pertaining to his gastrointestinal disabilities that are not already of record. Notify the Veteran that he may submit additional lay statements from himself and from other individuals who have first-hand knowledge of his gastrointestinal disabilities. He should be provided an appropriate amount of time to submit this lay evidence. 2. Schedule the Veteran for a VA examination to determine the nature and etiology of his gastrointestinal disability, claimed as IBS. The claims file should be made available to and reviewed by the examiner. All appropriate tests deemed necessary should be administered. Based on review of the record, and interview/examination of the Veteran, the examiner should provide an opinion that responds to the following: (a) Diagnose all gastrointestinal disabilities found to be present. (b) As to each diagnosis found to be present, the examiner should opine whether it is at least as likely as not that such disorder is related to or had its onset in service. A complete rationale for all opinions must be provided. STEVEN D. REISS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Jacquelynn M. Jordan, Associate Counsel