Citation Nr: 18160019 Decision Date: 12/20/18 Archive Date: 12/20/18 DOCKET NO. 16-03 597 DATE: December 20, 2018 ORDER Entitlement to service connection for sleep apnea syndrome is denied. Entitlement to service connection for headaches is denied. REMANDED Entitlement to an effective date earlier than December 11, 2015, for the grant of service connection for panic disorder, is remanded. Entitlement to special monthly compensation (SMC) at the housebound rate is remanded. FINDINGS OF FACT 1. The preponderance of the evidence of record is against finding that the Veteran had at any time during the appeal a current diagnosis of sleep apnea syndrome. 2. The preponderance of the evidence of record is against finding that the Veteran had at any time during the appeal a current diagnosis of headaches. CONCLUSIONS OF LAW 1. The criteria for service connection for sleep apnea syndrome are not met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 2. The criteria for service connection for headaches are not met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from January 1988 to July 1991. The Veteran died in February 2018. The appellant is the Veteran’s surviving spouse, and has been accepted as the Veteran’s substitution for the purposes of processing this appeal to completion. This matter is on appeal from an October 2015 rating decision. Service Connection Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004). Entitlement to service connection for sleep apnea syndrome The Veteran sought entitlement to service connection for sleep apnea syndrome. Neither the Veteran nor the appellant have advanced any arguments in support of the appeal. The question for the Board is whether the Veteran has a current sleep apnea syndrome disability that began during service or is at least as likely as not related to an in-service injury, event, or disease. The Board concludes that the Veteran does not have a current diagnosis of sleep apnea syndrome and has not had one at any time during the pendency of the claim or recent to the filing of the claim. Romanowsky v. Shinseki, 26 Vet. App. 289, 294 (2013); McClain v. Nicholson, 21 Vet. App. 319, 321 (2007). VA treatment records do not show a diagnosis of sleep apnea syndrome. VA treatment records show that on April 2013, the Veteran presented to the primary care clinic to establish care. Although a reported history of dyspnea on exertion with suspected obstructive sleep apnea and obesity was noted, the Veteran was only diagnosed with dyspnea on exertion at that time. The Board notes further that the Veteran is service connected for asthma. There are no records that show a current diagnosis of sleep apnea syndrome. Moreover, the Veteran’s problems with difficulty sleeping/chronic sleep impairment were attributed to his service-connected mental disorder. As such, entitlement to service connection for sleep apnea syndrome is denied. Entitlement to service connection for headaches The Veteran sought entitlement to service connection for headaches. Neither the Veteran nor the appellant have advanced any arguments in support of the appeal. The question for the Board is whether the Veteran has a current headaches disability that began during service or is at least as likely as not related to an in-service injury, event, or disease. The Board concludes that the Veteran does not have a current diagnosis pertaining to headaches and has not had one at any time during the pendency of the claim or recent to the filing of the claim. Romanowsky v. Shinseki, 26 Vet. App. 289, 294 (2013); McClain v. Nicholson, 21 Vet. App. 319, 321 (2007). VA treatment records do not contain any complaints, treatment, or diagnosis pertaining to headaches. As such, entitlement to service connection for headaches is denied. REASONS FOR REMAND Regarding the claims of entitlement to an effective date earlier than December 11, 2015, for the grant of service connection for panic disorder, and entitlement to SMC at the housebound rate, the Veteran submitted a timely notice of disagreement with a January 2016 rating decision (received July 2016), but a statement of the case has not yet been issued. A remand is required for the AOJ to issue a statement of the case. 38 C.F.R. § 20.200; Manlincon v. West, 12 Vet. App. 238, 240-41 (1999). The matters are REMANDED for the following action: Send the appellant a statement of the case that addresses the issues of entitlement to an effective date earlier than December 11, 2015, for the grant of service connection for panic disorder, and entitlement to SMC at the housebound rate. If the appellant perfects an appeal by submitting a timely VA Form 9, the issues should be returned to the Board for further appellate consideration. MICHAEL LANE Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Department of Veterans Affairs