Citation Nr: 21023864 Decision Date: 04/21/21 Archive Date: 04/21/21 DOCKET NO. 17-13 919A DATE: April 21, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, including as due to an undiagnosed illness, is remanded. Entitlement to service connection for a low back disability, including as due to an undiagnosed illness, is remanded. Entitlement to service connection for chronic fatigue syndrome, including as due to an undiagnosed illness, is remanded. Entitlement to service connection for sleep apnea, including as due to an undiagnosed illness or in-service immunizations, is remanded. Entitlement to service connection for esophageal fungal infection, including as due to an undiagnosed illness or in-service immunizations, is remanded. REASONS FOR REMAND The Veteran had active duty from April 1983 to July 1983 and December 1990 to March 1991, including in the southwest Asia theater of operations during the Persian Gulf War. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2015 rating decision by the Department of Veterans Affairs (VA). In September 2019, the case came before the Board. The Board denied entitlement to service connection for a low back disability, an acquired psychiatric disorder, chronic fatigue syndrome, sleep apnea, and an esophageal disorder. Following the Board’s decision, the Veteran appealed that decision to the U.S. Court of Appeals for Veterans Claims (Court). In October 2020, the Secretary of VA and a representative of the Veteran filed a Joint Motion for Remand (JMR). The parties agreed that the Board erred when it did not address medical evidence that the Veteran identified and asked VA to review as part of his appeal. As to the Veteran’s claim for an acquired psychiatric disorder, the parties agreed that the Board erred when it found that the Veteran did not have any disability due to a claimed acquired psychiatric disability, which could be attributed to service because the Board did not adequately address the Veteran’s lay statement that in which he stated that he experienced stress and anxiety due to his duties as chief ward master at a hospital during service. As to the remaining claims on appeal, the parties agreed that the Board erred when it denied these claims because the Board relied on an inadequate examination when it issued its decision. 1. Entitlement to service connection for an acquired psychiatric disorder, including as due to an undiagnosed illness is remanded. 2. Entitlement to service connection for a low back disability, including as due to an undiagnosed illness is remanded. 3. Entitlement to service connection for chronic fatigue syndrome, including as due to an undiagnosed illness is remanded. 4. Entitlement to service connection for sleep apnea, including as due to an undiagnosed illness or in-service immunizations is remanded. 5. Entitlement to service connection for esophageal fungal infection, including as due to an undiagnosed illness or in-service immunizations is remanded. As an initial matter, the Board notes that it is necessary to remand all of the Veteran’s service connection claims because the parties agreed that the Board erred when it did not address medical evidence that the Veteran asked VA to review during the consideration of his claims. Consequently, the parties agreed that the Board would obtain the Veteran’s VA treatment records from 2015 onward when it readdressed the Veteran’s claims. As to the Veteran’s psychiatric claim, in the October 2020 JMR, the parties agreed that the Board erred because it did not consider the Veteran’s lay statement when it found that the Veteran did not exhibit a psychiatric disorder that was related to his military service. The parties further agreed that the Board should consider whether a VA examination is warranted to adequately address the Veteran’s March 2017 lay statement. Accordingly, after a review of the record, the Board finds that a remand is necessary in order to obtain a VA examination to adequately address the Veteran’s lay statements. As to the Veteran’s remaining service connection claims, the Board notes that in the October 2020 JMR, the parties agreed that the Board erred when it relied on an inadequate examination. As a result of the terms of the October 2020 JMR, the Board finds that a remand is necessary in order for the Veteran to attend additional VA examinations that address the nature and etiology of these disabilities. The matters are REMANDED for the following action: 1. Obtain the Veteran’s VA treatment records from 2015 to the present. 2. Schedule the Veteran for an appropriate VA examination to determine the nature and etiology of the Veteran’s psychiatric disorders. The electronic claims file must be reviewed by the examiner. All indicated studies and testing must be conducted, and all pertinent symptomatology must be reported in detail. After a review of the claims file, the examiner should provide answers to the following questions: (A). Identify all psychiatric disorders that are currently present. (B). Is it at least as likely as not (50 percent probability or greater) that the Veteran’s psychiatric disorder, had its onset in service or are caused by or related at least in part to his active service? The examiner should specifically address the lay observations submitted by fellow service members in November and December 2019. The examiner should specifically address the lay statement that the Veteran submitted in March 2017. 3. Schedule the Veteran for appropriate VA examinations to determine the nature and etiology of the Veteran’s low back disability, chronic fatigue disorder, sleep apnea, and esophageal disorder. The electronic claims file must be reviewed by the examiner. All indicated studies and testing must be conducted, and all pertinent symptomatology must be reported in detail. After a review of the claims file, the examiner should provide answers to the following questions: (A). Is it at least as likely as not (50 percent probability or greater) that the Veteran’s low back disorder, had its onset in service or are caused by or related at least in part to his active service? (B). Is it at least as likely as not (50 percent probability or greater) that the Veteran’s chronic fatigue disorder, had its onset in service or are caused by or related at least in part to his active service? (C). Is it at least as likely as not (50 percent probability or greater) that the Veteran’s sleep apnea, had its onset in service or are caused by or related at least in part to his active service? (D). Is it at least as likely as not (50 percent probability or greater) that the Veteran’s esophageal disorder, had its onset in service or are caused by or related at least in part to his active service? The examiner should consider if any of these disorders are related to his service in the Southwest Theater of Operations. The VA examination reports must include a complete rationale for all opinions expressed. In providing all of the requested opinions, the examiners should consider the Veteran’s competent lay claims regarding the observable symptoms he has experienced. SCOTT W. DALE Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Rescan, 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.