Citation Nr: 18142294 Decision Date: 10/15/18 Archive Date: 10/15/18 DOCKET NO. 15-39 019A DATE: October 15, 2018 REMANDED Entitlement to service connection for sleep apnea is remanded. REASONS FOR REMAND The Veteran had service from 1987 to 2014, with various periods of active duty, active duty for training (ACDUTRA), and inactive duty for training (INACDUTRA). The record currently verifies active duty service from December 1987 through December 1991, October 2001 through October 2002, and from April 2003 through June 2003. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a January 2015 decision of a Department of Veterans’ Affairs (VA) Regional Office (RO). In his November 2015 VA Form 9, Appeal to Board of Veterans’ Appeals, the Veteran requested to appear at a hearing before the Board. In May 2017, the Veteran was notified at his most recent address of record of a hearing before the Board scheduled in June 2017. He failed to appear for such hearing and has not provided good cause reasons for his failure to appear. As such, his hearing request is considered withdrawn. 38 C.F.R. § 20.704(d). Entitlement to service connection for sleep apnea is remanded. The Veteran contends that his sleep apnea began during a period of active duty service in April 2011. To prevail on a direct service connection claim, there must be competent evidence of (1) a current disability, (2) in-service incurrence or aggravation of a disease or injury, and (3) a nexus between the in-service disease or injury and the current disability. Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2009); 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a). The evidence of record shows that the Veteran was diagnosed with obstructive sleep apnea in April 2011 and has a current diagnosis of sleep apnea. The January 2015 RO decision denied the Veteran’s claim for entitlement to service connection for sleep apnea because the condition neither occurred in nor was caused by service. However, the RO decision did not consider any service treatment or personnel records later than June 2003. The evidence of record supports that the Veteran had service from May 2009 through at least February 2011, but does not verify whether this period of service was active duty. The evidence of record includes the Veteran’s service personnel records, specifically his performance reports for the periods of May 2009 through April 2010, May 2010 through April 2011, and April 2011 through December 2011. Further, April 2009 and July 2009 special orders indicate the Veteran was ordered to active duty for a period beginning in May 2009 until May 30, 2013, unless sooner relieved. Additionally, a March 2017 VA information report shows that the Veteran had a period of Guard/Reserve Active Service (GRAS) from May 2009 through February 2011. However, the record does not include a DD Form 214, or other indication of the exact period of service. Although the evidence indicates the Veteran had a period of active duty beginning in May 2009, the record is conflicting as to how long this period of service lasted and it is unclear exactly what period of service from May 2009 to May 2013 was considered active duty. Development to verify the duration and type of service from 2009 through 2013 and to obtain all available service personnel records for this period of service is required before a decision can be made regarding the Veteran’s appeal for entitlement to service connection for sleep apnea. The matter is REMANDED for the following action: Obtain the Veteran’s complete service personnel records, to include all documents pertaining to his service in the United States Air Force Reserve. Verify all active duty, active duty for training, and inactive duty training dates for service in the United States Air Force Reserve from 2009 to 2013, particularly regarding the type of service performed from May 2009 to February 2011. If necessary, a request should be made to the Defense Finance and Accounting Service (DFAS). Document all requests for information as well as all responses in the claims file. M. SORISIO Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD K Pak, Associate Counsel