Citation Nr: 18141461
Decision Date: 10/11/18	Archive Date: 10/10/18

DOCKET NO. 16-12 465A
DATE:	October 11, 2018
REMANDED
Entitlement to service connection for a cervical spine condition is remanded.
Entitlement to service connection for a lumbar spine condition is remanded.
Entitlement to service connection for sleep apnea is remanded.
Entitlement to service connection for mental health problems is remanded.
REASONS FOR REMAND
Entitlement to service connection for a cervical spine condition and lumbar spine condition is remanded.
The Veteran asserts that his neck and back were injured as a result of several motor vehicle accidents while stationed in Germany, including one which required his hospitalization.  Remand is necessary to attempt to obtain the medical records of these incidents.
Entitlement to service connection for sleep apnea is remanded.
In March 2016, the Veteran was noted as potentially suffering from sleep apnea.  The Veteran has claimed that this condition began in service.  Additionally, there is a note in the Veteran's service treatment records regarding difficulty sleeping.  On this information, VA’s duty to assist has been triggered.  As no examination has been performed, remand is necessary so the appropriate examination may be conducted.
Entitlement to service connection for mental health problems is remanded.
The Veteran asserts that he has a mental health condition that is related to service.  Specifically, the Veteran contends that he has posttraumatic stress disorder (PTSD) resulting from several car accidents, a car explosion, a stabbing in his barracks, and unwanted sexual contact from a member of his command.  In this instance, the Veteran submitted a statement in support of claim for PTSD the day after the RO issued its decision.  As the RO has not had the opportunity to verify the alleged stressors and the Veteran has not been notified of the requirements to substantiate a claim based on personal assault, remand is warranted.
The matters are REMANDED for the following action:
1. Ask the Veteran to identify the dates and location of in-service treatment for neck and back injuries sustained in motor vehicle accidents.
2. Assuming sufficient information is received from the Veteran to conduct a search, attempt to obtain records of the treatment for the injuries he claims, including any inpatient treatment at the hospital or hospitals identified by the veteran or where members of the 70th Transportation Company would ordinarily be seen for such treatment.  Document all requests for information as well as all responses in the claims file.
3. Send the Veteran notice required for PTSD claims based on personal assaults, and allow time for a response.  Then, attempt to corroborate the Veteran’s in-service stressors, including the fatal car accidents, explosions, stabbing, and unwanted sexual contact.  If more details are needed, contact the Veteran to request the information.
4. When the above development, and any additionally indicated development, have been completed, schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any lumbar spine, cervical spine, sleep, or mental health disability.  The examiner should opine whether it is at least as likely as not related to an in-service injury, or disease, including the claimed multiple motor vehicle accidents, in service sleep difficulty, or alleged in service stressors.  
  

 
M. E. KILCOYNE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. Uller, Associate Counsel