Citation Nr: 21076280 Decision Date: 12/23/21 Archive Date: 12/23/21 DOCKET NO. 19-05 148 DATE: December 23, 2021 REMANDED Entitlement to service connection for a sleep disorder, to include insomnia, is remanded. REASONS FOR REMAND The Veteran served on active duty from January 2007 to January 2011. He appeals a September 2018 rating decision by the Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ) denying entitlement to service connection for a sleep disorder. A Board of Veterans' Appeals (Board) hearing was held in July 2021. A transcript is of record. As a preliminary matter, the Veteran's representative filed a notice to withdraw representation in April 2021, after certification to the Board. See April 2021 VA Form 21-4138. However, a representative may not unilaterally withdraw representation after certification to the Board without filing a motion for good cause that must be granted by the Board. 38 C.F.R. § 14.631(c), 20.6. As no motion was submitted, the Board will continue to recognize the Colorado Division of Veterans Affairs as the Veteran's representative. A veteran is entitled to a VA examination if there is (1) competent evidence of a current disability, (2) evidence that an injury occurred in service, and (3) an indication that the disability may be associated with the Veteran's service or with another service-connected disability, but (4) insufficient competent medical evidence on file for VA to make a decision on the claim. See McLendon v. Nicholson, 20 Vet. App. 79 (2006). At the July 2021 Board hearing, the Veteran testified that while serving at Buckley Air Force Base (AFB), Colorado he worked twelve-hour shifts on the "24/7 watch floor" and "shifted every two weeks from days to nights." See July 2021 Board Hr. Tr. at 3. As such, he would work a twelve-hour shift every night for two weeks, then work a twelve-hour shift every day for two weeks before shifting back to nights. The Veteran stated he worked nights even more when he was the "lead... on the watch floor" in his last year of service. Id. As a result of the continuous shifting between night and day shifts for three years, the Veteran contends he suffered from fatigue and his sleep pattern never normalized. Id. at 4-5. The Veteran testified that he assumed his sleep patterns would normalize and his symptoms would end once he separated from service in January 2011. Id. Consequently, he never complained or sought treatment in service for his fatigue and insomnia. Id. However, the Veteran contends his symptoms of insomnia and daytime fatigue have continued to the present day. Id. Military personnel records reflect the Veteran served at Buckley AFB, Colorado. Further, the Board finds the Veteran competent to report the history and nature of his sleep patterns. See Layno v. Brown, 6 Vet. App. 465, 469 (1994). As the Veteran has not yet been afforded an examination to assess whether he has any sleep disorder, to include insomnia, a remand is required. The matters are REMANDED for the following action: 1. Obtain any relevant updated private and VA treatment records that have not already been obtained and associate the same with the claims file. 2. Thereafter, schedule the Veteran for an examination by an appropriately qualified clinician to determine the nature and etiology of any sleep disorder, to include insomnia. Any required or indicated tests or studies should be provided. The evidentiary record, including a copy of this remand, must be made available to and reviewed by the examiner. A complete history should be elicited directly from the Veteran and the opinion should include a notation that this record review took place. After a thorough review of the record, the examiner should answer the following: (a). Is it at least as likely as not (a 50 percent probability or more) that any current sleep disorder, to include insomnia, was incurred in or is otherwise related to his time in service? (b). If no disability is diagnosed, please list all functional impairments due to the Veteran's sleep impairment symptoms and state whether any at least as likely as not (a 50 percent probability or more) were incurred in or are otherwise related to his time in service? The examiner is directed to consider the Veteran's July 2021 Board hearing testimony reflecting, (i). he served on the "24/7 watch floor" at Buckley AFB, Colorado working a twelve-hour shift every night for two weeks, then a twelve-hour shift every day for two weeks before shifting back to nights for three years; (ii). he worked more nights when he became the "lead... on the watch floor" in his last year of service; and (iii). he suffered from in-service fatigue, insomnia, and his sleep pattern never normalized after his January 2011 discharge. The examiner should note the Veteran is competent to report his symptoms and history, and such reports must be specifically acknowledged and considered in formulating any opinions. If the examiner rejects the Veteran's reports of symptomatology, a reason for doing so should also be provided. A full and complete rationale for all opinions must be provided, and a discussion of the facts and medical principles should be considered. 3. After the above has been completed to the extent possible, readjudicate the claim. If any benefit sought remains denied, provide the Veteran with an SSOC and return the case to the Board. DONNIE R. HACHEY Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Bona, Associate 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.