Citation Nr: 1321360	
Decision Date: 07/03/13    Archive Date: 07/12/13

DOCKET NO.  09-44 991	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Chicago, Illinois


THE ISSUE

Entitlement to an initial rating higher than 10 percent for gastroesophageal reflux disease and chronic diarrhea, diagnosed by history as inflammatory bowel disease and ulcerative colitis.  


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

M. Taylor, Counsel







INTRODUCTION

The appellant, who is the Veteran, served on active duty from August 1984 to July 2007.  

This matter is before the Board of Veterans' Appeals (Board) on appeal of a rating decision in September 2007 of a Department of Veterans Affairs (VA) Regional Office (RO). 

While on appeal in a rating decision in January 2012, the RO increased the rating to 10 percent, effective from the date of the grant of service connection.  Because the increase does not represent a complete grant of the benefit sought, the claim for increase remains in appellate status.  

In August 2012, the Veteran did not appear for a hearing before the Board, which had been scheduled at his request.  In the absence of a timely request for postponement, the request for a hearing is deemed withdrawn. 38 C.F.R. §20.704(d).

The appeal is REMANDED to the RO via the Appeals Management Center in Washington, DC. 


REMAND

The Veteran seeks an initial rating higher than 10 percent for gastroesophageal reflux disease and chronic diarrhea.  

The Veteran was last examined by VA in December 2009.  VA records in January 2012 show that symptoms of heartburn had increased due to medication for another service-connected disability.  As there has been a material change in the disability, a VA reexamination is necessary to verify the current severity.  38 C.F.R. § 3.327(a).


Accordingly, the case is REMANDED for the following action:

1.  Afford the Veteran a VA examination to determine the severity of gastroesophageal reflux disease and chronic diarrhea. 

The VA examiner is asked whether there are:

a).  Symptoms of pain, vomiting, material weight loss and hematemesis or melena with moderate anemia or other symptom combinations, resulting in severe impairment of health; or symptoms of persistent, recurrent epigastric distress with dysphagia, pyrosis, and regurgitation accompanied by substernal or arm or shoulder pain, productive of considering impairment of health; or, 

b).  Symptoms of severe diarrhea or alternating diarrhea and constipation with more or less constant abdominal distress.  

The Veteran's file must be made available to the VA examiner for review.

2. After the above development, adjudicate the claim for increase.  If the benefit sought is denied, furnish the Veteran and his representative a supplemental statement of the case and return the case to the Board.






The Vetera 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 of Veterans' Appeals 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.  See 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 of Veterans' Appeals 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).