Citation Nr: 20021240
Decision Date: 03/25/20	Archive Date: 03/25/20

DOCKET NO. 17-01 440
DATE: March 25, 2020

REMANDED

Service connection for a sleep disorder, to include sleep apnea, is remanded.

Service connection for a low back disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1972 to April 1976.

In February 2020, the Veteran had a hearing before the undersigned; a transcript is of record.

1. Sleep disorder

The Board cannot make a fully-informed decision on the issue of a sleep disorder, to include sleep apnea, because no VA examiner has opined whether its symptoms had its onset during service. The Veteran has reported that during service he experienced such things as waking up because it was hard to breathe or that he could not breathe.

2. Low back disorder

The Board cannot make a fully-informed decision on the issue of a low back disorder because no VA examiner has opined whether it was due to an injury the Veteran experienced when lifting and carrying AM2 matting. 

The Veteran provided in his August 2013 notice of disagreement that he received treatment for such injury at Cherry Point/Bogue Field, North Carolina lasting 30-45 days. The Board is aware that typically, in-service hospital records are archived separate and apart from service treatment records. To date, there has been no attempt to determine whether the reported in-patient records of hospitalization exist. Therefore, on remand, action should be taken to request and associate with the file any service hospital records from Cherry Point Naval Hospital concerning the Veteran.

The matters are REMANDED for the following action:

1. Obtain updated VA treatment records. 

2. Take appropriate action to obtain records of any inpatient hospitalization during service, to include from Cherry Point Naval Hospital. If more information is needed regarding any in-service hospitalization, contact the Veteran to identify the facility and dates of treatment.

3. After completing directive 1 and 2, schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any sleep disorder, to include sleep apnea.  The examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease, including disturbances of sleep during service due to difficulty breathing.  

 

4. After completion of directives 1 and 2, schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any low back disorder, to include degenerative disc disease and lumbar stenosis.  The examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease, including lifting and carrying AM2 matting.  

 

 

Nathaniel J. Doan

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	AD

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.