Citation Nr: 21006578 Decision Date: 02/04/21 Archive Date: 02/04/21 DOCKET NO. 16-58 715 DATE: February 4, 2021 REMANDED Entitlement to service connection for sleep apnea, to include as secondary to service-connected chronic degenerative cervical spondylosis is remanded. Entitlement to service connection for arthritis of the spine, to include as secondary to service-connected chronic degenerative cervical spondylosis is remanded. REASONS FOR REMAND The Veteran served on active duty with the Navy from December 1974 to November 1979. In January 2020, the Board remanded the issues below on appeal for further development, and the case has since been returned to the Board. The Board finds that the AOJ has not substantially complied with the remand directives. See Stegall v. West, 11 Vet. App. 268, 271 (1998). Entitlement to service connection for sleep apnea, to include as secondary to service-connected chronic degenerative cervical spondylosis is remanded. In January 2020, the Board remanded the issue, in pertinent part, for a VA OSA examination. Specifically, the examiner was directed to consider the September 2017 sleep study included in his VA treatment records and the case study provided by the Veteran in September 2018. However, in the subsequent October 2020 examination, the examiner failed to address either the September 2017 sleep study or the provided case study when providing his negative proximation and aggravation opinion. Accordingly, a remand is required for an addendum opinion. Entitlement to service connection for arthritis of the spine, to include as secondary to service-connected chronic degenerative cervical spondylosis is remanded. In January 2020, the Board remanded the issue, in pertinent part, for a VA Lumbar examination. Specifically, the examiner was directed to obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s arthritis of the spine is at least as likely as not (1) related to or proximately due to his service-connected cervical spine disability; or (2) aggravated beyond its natural progression by his service-connected cervical spine disability. However, in the subsequent October 2020 examination, the examiner only provided a direct opinion. Accordingly, a remand is required for an addendum opinion. The matters are REMANDED for the following action: 1. Obtain an addendum opinion from an appropriate clinician as to whether his sleep apnea is at least as likely as not (1) related to or proximately due to his service-connected cervical spine disability; or (2) aggravated beyond its natural progression by his service-connected cervical spine disability. (a.) When rendering an opinion, the examiner MUST consider the September 2017 sleep study included in his VA treatment records and the case study provided by the Veteran in September 2018. 2. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s arthritis of the spine is at least as likely as not (1) related to or proximately due to his service-connected cervical spine disability; or (2) aggravated beyond its natural progression by his service-connected cervical spine disability. L. M. BARNARD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R. A. Elliott II, 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.