Citation Nr: 18149546
Decision Date: 11/09/18	Archive Date: 11/09/18

DOCKET NO. 16-57 796
DATE:	November 9, 2018
REMANDED
Entitlement to service connection for a lumbar spine disability is remanded.
Entitlement to service connection for sleep apnea is remanded.
REASONS FOR REMAND
The Veteran served on active duty from February 1985 to April 1988 and from December 2001 to November 2002. 
This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).
Lumbar Spine Disability and Sleep Apnea
A review of the claims file reveals that a remand is necessary before a decision on the merits of the claims can be reached.  
The Veteran contends that he should be afforded VA examinations for his claimed disabilities.  He submitted a statement from his former spouse dated in July 2014 who reported that during their marriage, the Veteran would stop breathing while sleeping and complained of back pain “all the time.”  
A review of the Veteran’s service treatment reports reflects a report of neck and back pain in August 2002. 
Post-service private treatment reports from Advanced Pain Management Specialists of Baytown dated in April 2013 indicate that the Veteran reported a history of back pain.  
An October 2014 sleep study performed by Lakewood Sleep Solutions reflects a diagnosis of obstructive sleep apnea syndrome.  
In initial service connection claims, the VA must provide a VA medical examination where there is (1) competent evidence of a current disability or persistent or recurrent symptoms of a disability; (2) evidence establishing that an event, injury, or disease occurred in service; (3) an indication that the disability or persistent or recurrent symptoms of a disability may be associated with the Veteran’s service or a service-connected disability; and (4) insufficient competent medical evidence on file for VA to make a decision on the claim.  38 C.F.R. § 3.159(c) (2018); McLendon v. Nicholson, 20 Vet. App. 79 (2006).  The Veteran has not been afforded VA examinations to determine the etiology of his claimed lumbar spine disability and sleep apnea.  VA examinations should be obtained in order to ascertain the etiology of the claimed lumbar spine disability and sleep apnea.
The matters are REMANDED for the following action:
1.  Schedule the Veteran for a VA examination to determine the etiology of his claimed lumbar spine disability.  Any indicated tests should be accomplished. A complete rationale for any opinion must be provided.  The examiner should obtain a complete medical history from the Veteran.  The examiner should review the claims file and note that review in the report.  The examiner should opine as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s claimed lumbar spine disability is related to his active duty service.  
2.  Schedule the Veteran for a VA examination to determine the etiology of his claimed sleep apnea.  A complete rationale for any opinion must be provided.  The examiner should obtain a complete medical history from the Veteran.  The examiner should review the claims file and note that review in the report.  The examiner should opine as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s claimed sleep apnea is related to his active duty service.
3.  Then, readjudicate the claims.  If action remains adverse to the Veteran, issue a supplemental statement of the case and allow the appropriate time for response.  Then, return the case to the Board.
 
KELLI A. KORDICH
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Cryan, Counsel