Citation Nr: 1318917 Decision Date: 06/11/13 Archive Date: 06/21/13 DOCKET NO. 09-45 487 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Indianapolis, Indiana THE ISSUE Entitlement to service connection for acid reflux disease. REPRESENTATION Veteran represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Veteran ATTORNEY FOR THE BOARD N. L. Northcutt, Counsel INTRODUCTION The Veteran, who is the appellant, served on active duty from June March 1966 to March 1968. This matter is before the Board of Veterans' Appeals (Board) on appeal of a rating decision in September 2008 of a Department of Veterans Affairs (VA) Regional Office (RO). In February 2010, the Veteran appeared at hearing before a Decision Review Officer. A transcript of the hearing is in the Veteran's file. The appeal is REMANDED to the RO via the Appeals Management Center in Washington, DC. REMAND On the claim of service connection for acid reflux disease, the medical evidence of record is insufficient to decide the claim, and therefore further development under the duty to assist is needed. Accordingly, the case is REMANDED for the following action: 1. Afford the Veteran a VA gastroenterological examination by a VA examiner, who has not previously examined the Veteran, to determine: Whether it is more likely than not (probability greater than 50 percent), at least as likely as not (probability of 50 percent), or less likely than not (probability less than 50 percent), that the current acid reflux disease as shown on VA examination in November 2007 is related to service? In formulating the opinion, the VA examiner is asked to consider that: Although there is no contemporaneous record of acid reflux symptoms in service, the Veteran as a lay person is competent to describe symptoms of acid reflux, and the Board finds the Veteran's statements credible. Stated differently, the VA examiner must account for the Veteran's statements about the in-service symptoms as the symptoms relate to the current diagnosis. The VA examiner is asked to consider the significant facts of the case: The Veteran describes symptoms of acid reflux and "heart burn" during his tour of duty in the Republic of Vietnam and that he treated his recurrent symptoms with non-prescription antacids since that time until January 1999. On separation from service in February 1968, the abdominal and visceral evaluations were normal, but no medical history was completed in which the Veteran could have denied or confirmed gastrointestinal symptoms. After service, in July 1968, a VA examination was schedule on the claim of service connection for stomach ulcers, but the Veteran failed to report for the scheduled examination. Gastrointestinal complaints were first documented in January 1999 and since then. The Veteran's file must be available to the VA examiner for review. 2. After the development is completed, adjudicate the claim of service connection for acid reflux disease. If the benefit sought is denied, then provide the Veteran and his representative a supplemental statement of the case and return the case to the Board. The Veteran has the right to submit additional evidence and argument on the matter the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). The claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2012). _________________________________________________ George E. Guido Jr. Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2012).