Citation Nr: 18142607
Decision Date: 10/16/18	Archive Date: 10/16/18

DOCKET NO. 12-06 247
DATE:	October 16, 2018
ORDER
The motion to vacate the June 2018 Board of Veterans’ Appeals (Board) decision regarding entitlement to service connection for Gastroesophageal Reflux Disease (GERD) decision is granted.
FINDINGS OF FACT
1. A June 2018 Board decision denied entitlement to service connection for GERD.
2. The Veteran filed a Motion to Vacate the June 2018 Board decision regarding entitlement to service connection for GERD in August 2018, alleging a violation of his due process rights.
CONCLUSION OF LAW
The criteria for vacating the portion of the June 2018 Board decision denying entitlement to service connection for GERD have been met. 38 U.S.C. § 7104(a) (2012); 38 C.F.R. § 20.904 (2017). 
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from November 1976 to November 1980, from January 1981 to January 1984, and from April 1984 to April 1988.
The issue of entitlement to service connection for GERD comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran perfected a timely appeal of this determination. See Rating Decision, dated May 2016; Notice of Disagreement, dated June 2016; Statement of the Case, dated February 2017; Substantive Appeal, dated April 2017. The Veteran did not request to appear before the Board for an optional hearing.
This issue of entitlement to service connection for GERD was previously before the Board in June 2018, when it was denied on the merits.  The Veteran filed a motion to vacate the decision in August 2018.  
Motion to Vacate the June 27, 2018, Board decision denying entitlement to service connection for GERD
The Board may vacate an appellate decision at any time upon request of the appellant or his or her representative, or on the Board’s own motion, when an appellant has been denied due process of law or when benefits were allowed based on false or fraudulent evidence. 38 C.F.R. § 7104(a); 38 C.F.R. § 2.904.
In the August 2018 motion to vacate, the Veteran, by and through his attorney, maintains that because he was provided neither a Board docketing letter regarding the issue of service connection for GERD, nor a period of 90-days (pursuant to 38 C.F.R. § 20.1304) to submit additional argument and evidence as to that same issue, his right of due process was violated.  
The Board finds that the information of record reflects that a Board docketing letter was not issued and that a 90-day period was not accorded to the Veteran.  As such, the motion to vacate that part of the June 27, 2018, Board decision denying service connection for GERD is granted.  Accordingly, the Veteran and his attorney are granted a period of 90 days from the date stamped on the face this Order to Vacate, to submit additional argument and evidence pursuant to 38 C.F.R. § 20.1304.

 
DEBORAH W. SINGLETON
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	S. Morrad, Associate Counsel