Citation Nr: 18156891
Decision Date: 12/11/18	Archive Date: 12/11/18

DOCKET NO. 15-02 247
DATE:	December 11, 2018
REMANDED ISSUES
Entitlement to service connection for sleep apnea, claimed as sleep condition as due to an undiagnosed illness, is remanded.
Entitlement to an increased evaluation for radiculopathy of the right lower extremity, currently evaluated as 20 percent disabling, is remanded.
REASONS FOR REMAND
The Veteran served on active duty from June 1989 to June 2009.  
The Board cannot make a fully-informed decision on the issue of service connection for sleep apnea because no VA examiner has opined whether the Veteran's current diagnosis of sleep apnea is related to the Veteran's lay history of active duty sleep problems, provided in April 2012 correspondence..  Dalton v. Nicholson, 21 Vet. App. 23 (2007.
The most recent VA examination of the Veteran's radiculopathy of the right lower extremity took place more than five years ago, in July 2013.  VA medical records reflect that the Veteran subsequently underwent an epidural steroid injection (transforaminal, selective) in September 2013.  The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of radiculopathy of the right lower extremity.
 
The matters are REMANDED for the following action:
1. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of the Veteran's current sleep apnea.  The examiner should elicit a history of sleep-related complaints from the Veteran.  Based on the examination, history provided by the Veteran and review of the record, the examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease, including the Veteran's lay history of active duty sleep problems.  
A complete rationale must be provided for any opinion offered.  
2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected radiculopathy of the right lower extremity.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria.  To the extent possible, the examiner should identify any symptoms and functional impairments due to radiculopathy of the right lower extremity alone and discuss the effect of the Veteran’s radiculopathy of the right lower extremity on any occupational functioning and activities of daily living.  
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A complete rationale must be provided for any opinion offered.
 
M.E. Larkin
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. Davitian, Counsel