Citation Nr: 20003072
Decision Date: 01/14/20	Archive Date: 01/14/20

DOCKET NO. 18-14 236A
DATE: January 14, 2020

REMANDED

Entitlement to service connection for lumbar spine disability is remanded.

Entitlement to service connection for sleep apnea is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from May 1995 to September 2005.  These matters come before the Board of Veterans’ Appeals (Board) on appeal from a November 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran asserts that his current lumbar spine disorder is related to two injuries incurred during service, specifically, a March 2000 parachute jump injury, as well as an April 2002 injury sustained while moving his unit’s new office furniture.  As to his currently diagnosed sleep apnea, the Veteran contents that he suffered from snoring during service.  The Board observes that the Veteran’s service treatment records (STRs) appear to be incomplete, as his 2005 separation examination is not in his claims file.  This examination appears to be relevant to the Veteran’s claims because it may indicate reported in-service injuries upon separation from service.  Thus, the Agency of Original Jurisdiction (AOJ) should attempt to obtain all outstanding STRs, to include the Veteran’s 2005 separation examination.

The matters are REMANDED for the following action:

1. With any necessary identification of sources and authorization by the Veteran, request all VA and private treatment records for the Veteran not already associated with the file.  Copies of any outstanding VA and private treatment records should be added to the Veteran's electronic claims file.

2. Obtain all outstanding STRs for the Veteran’s active service, specifically, his 2005 separation examination.  All efforts to obtain these records should be documented, and if the records cannot be located, a formal finding of unavailability should be associated with the Veteran’s claims file.

3. After completing all indicated development, the Agency of Original Jurisdiction should readjudicate the Veteran’s claims.  If the benefits sought on appeal remain denied, the Veteran should be furnished with a supplemental statement of the case, given the opportunity to respond, and the case should thereafter be returned to the Board for further appellate review, if warranted.

 

 

KELLI A. KORDICH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Houle, Associate Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.