Citation Nr: 21068750 Decision Date: 11/12/21 Archive Date: 11/12/21 DOCKET NO. 19-06 105A DATE: November 12, 2021 REMANDED Entitlement to service connection for a back condition is remanded. Entitlement to service connection for sleep apnea, to include as secondary to service-connected posttraumatic stress disorder (PTSD), and/or service-connected coronary artery disease (CAD) is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1962 to September 1966. This matter is before the Board of Veterans' Appeals (Board) on appeal from an August 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Board issued prior remands on these claims in May 2018 and October 2019 and a decision on these claims in October 2020. However, following an appeal to the United States Court for Appeals for Veterans Claims (Court), in June 2021 a Joint Motion for Partial Remand (Joint Motion) was entered, vacating portions of the Board's October 2020 decision. 1. Entitlement to service connection for a back condition is remanded. In the Joint Motion, the Court noted the Board's reliance on a December 2019 medical opinion wherein a VA examiner opined that there was "no evidence that a back condition was present during service." However, in a September 2016 buddy statement a fellow servicemember noted that the Veteran had problems with his back during his active service. As this statement was not considered by the December 2019 examiner, remand is necessary to obtain an addendum opinion. 2. Entitlement to service connection for sleep apnea, to include as secondary to service-connected PTSD, and/or service-connected CAD is remanded. In the Joint Motion, the court noted the Board's reliance on a December 2019 medical opinion wherein a VA examiner wrote that there was no reported sleep apnea or sleep disorder symptoms during the Veteran's active service. However, in a September 2016 statement in support of claim, the Veteran indicated that he began snoring during service and found himself "falling asleep when he shouldn't;" and that he was "tired a lot during service." As these statements were not considered by the December 2019 examiner, remand is necessary to obtain an addendum opinion. The Board notes that in November 2020 the Veteran reported that he had cancer which caused difficulty traveling, therefore he would like his claims to be processed without attending any additional medical examinations. Thus, the Board is only requesting addendum opinions. The matters are REMANDED for the following action: 1. Update the electronic file with any new VA treatment records and private treatment records. 2. Obtain an addendum opinion to the December 2019 VA opinion regarding the Veteran's back condition. The examiner should answer the following question: (a.) Is the Veteran's back condition at least as likely as not (i.e., a 50 percent or more probability) related to his active service? In formulating an opinion, the examiner should specifically consider and address the September 2016 buddy statement, wherein a fellow service member indicated that the Veteran suffered from back pain during his active service. A detailed rationale for the opinion must be provided. If the examiner is unable to offer the requested opinion, it is essential that the examiner offer a rationale for the conclusion that an opinion could not be provided without resort to speculation, together with a statement as to whether there is additional evidence that could enable an opinion to be provided, or whether the inability to provide the opinion is based on the limits of medical knowledge. 3. Obtain an addendum opinion to the December 2019 VA opinion regarding the Veteran's sleep apnea. The examiner should answer the following question: (a.) Is the Veteran's sleep apnea at least as likely as not (i.e., a 50 percent or more probability) related to his active service? In formulating an opinion, the examiner should specifically consider and address the Veteran's September 2016 statement in support of claim, wherein he indicated that he began snoring during service and found himself "falling asleep when he shouldn't;" and that he was "tired a lot during service." A detailed rationale for the opinion must be provided. If the examiner is unable to offer the requested opinion, it is essential that the examiner offer a rationale for the conclusion that an opinion could not be provided without resort to speculation, together with a statement as to whether there is additional evidence that could enable an opinion to be provided, or whether the inability to provide the opinion is based on the limits of medical knowledge. TANYA SMITH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Ruiz, 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.