Citation Nr: 18145455
Decision Date: 10/29/18	Archive Date: 10/29/18

DOCKET NO. 10-02 980
DATE:	October 29, 2018
REMANDED
Entitlement to service connection for a cervical spine disorder is remanded.
Entitlement to service connection for a sleep disorder, to include sleep apnea and insomnia, is remanded.
REASONS FOR REMAND
In November 2015, the Board remanded the Veteran’s service connection claims for VA examinations.  He was afforded VA examinations in March 2016.  However, the VA examiner reported that the Veteran failed to cooperate and refused to participate in the examinations.
In April 2018, the Veteran reported that he did not feel his needs were being addressed at the March 2016 VA examination and he was uncomfortable.  He reported that he was willing, able, and ready to attend any scheduled examinations.  
The Board has reviewed the Veteran’s statements and believes his remorse to be genuine and for that reason the Board is remanding the claim so that examinations can be scheduled.  However, the Veteran is warned that it is his responsibility to actively participate in the scheduled examinations and no examinations will be rescheduled in the future on this same basis.

The matters are REMANDED for the following action:
1.  Schedule the Veteran for a VA examination.  The examiner should diagnose any current cervical spine disorder and then should provide an opinion as to whether is it at least as likely as not (50 percent or greater) that any cervical spine disorder either began during or was otherwise caused by the Veteran’s active service.  Why or why not?  The examiner should address the Veteran’s upper back and neck complaints during his active duty.
2.  Schedule the Veteran for a VA examination.  The examiner should diagnose any current sleep disorder and then should provide an opinion as to whether is it at least as likely as not (50 percent or greater) that any sleep disorder, to include sleep apnea and/or insomnia, either began during or was otherwise caused by the Veteran’s active service.  Why or why not?  The examiner should address the Veteran’s reports of difficulty sleeping during his active duty while stationed in Southwest Asia.
 
MATTHEW W. BLACKWELDER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	T. Berryman, Counsel