Citation Nr: 18144064
Decision Date: 10/23/18	Archive Date: 10/23/18

DOCKET NO. 16-35 219A
DATE:	October 23, 2018
REMANDED
Entitlement to service connection for sleep apnea, to include as due to service-connected migraine headaches, is remanded.
REASONS FOR REMAND
The Veteran served on active duty from November 1990 to November 2010.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2014 rating decision.
Entitlement to service connection for sleep apnea, to include as due to service-connected migraine headaches
A rating decision of July 2014 denied service connection for sleep apnea associated with migraine headaches.  The Veteran perfected an appeal.  See notice of disagreement of August 2014; VA Form 9 of July 2016.
VA treatment records, including records relating to migraine headaches and symptoms of sleep disturbance were added to the record following an October 2017 supplemental statement of the case and prior to the transfer of records to the Board in August 2018.
Evidence received by the agency of original jurisdiction (AOJ) prior to the transfer of records to the Board after an appeal has been initiated will be referred to the appropriate rating or authorization activity for review and disposition.  38 C.F.R. § 19.37(a).
This case is within the parameters of 38 C.F.R. § 19.37(a).  Therefore, the evidence received by the AOJ prior to the transfer of records to the Board must be referred to the AOJ for initial review and disposition.
The matter is REMANDED for the following action:
Readjudicate the issue of entitlement to service connection for sleep apnea, to include as due to service-connected migraine headaches.
 
 G. A. Wasik
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Steven D. Najarian, Counsel