Citation Nr: 18143341
Decision Date: 10/18/18	Archive Date: 10/18/18

DOCKET NO. 13-21 505
DATE:	October 18, 2018
REMANDED
Entitlement to service connection for a gastrointestinal disorder, to include gastroesophageal reflux disease (GERD) and irritable bowel syndrome (IBS). 
REASONS FOR REMAND
The Veteran served on active duty from October 1977 to February 1978 and from May 1980 to May 1983
The Veteran testified at Board hearings in October 2015 and May 2018 before two different Veterans Law Judges (VLJ).  VA law requires that a VLJ who conducts a hearing on an appeal must participate in any decision made on that appeal.  38 U.S.C. § 7107(c) (West 2014); 38 C.F.R. § 20.707.  Additionally, when two hearings have been held by different VLJs concerning the same issue or issues, the law also requires that the Board assign a third VLJ to decide that issue or issues because a proceeding before the Board must be assigned either to an individual VLJ “or to a panel of not less than three members of the Board.”  38 U.S.C. § 7102(a); 38 C.F.R. § 19.3; Arneson v. Shinseki, 24 Vet. App. 379 (2011).  In an September 2018 letter, the Veteran waived his right to appear at a hearing before a third VLJ. 

1. Entitlement to service connection for a gastrointestinal disorder is remanded.
In a May 2017 VA medical opinion, the examiner rendered an opinion regarding direct service connection only.  The Veteran, through his representative, asserts that the Veteran’s gastrointestinal disorders were caused or aggravated by his service-connected posttraumatic stress disorder.  See October 2017 Correspondence; May 2018 Hearing Transcript; June 2018 Post-Hearing Brief.  As such, an addendum opinion addressing secondary service connection is warranted.    
The matter is REMANDED for the following action:
1. Return the claims file to examiner who provided the May 2017 opinion (or another qualified examiner if unavailable), to provide an addendum opinion as to whether it is at least as likely as not (i.e., probability of 50 percent or greater) that the Veteran’s gastrointestinal disorders, to include GERD and IBS, were caused by or aggravated by (i.e., permanently worsened beyond the natural progression) by his service-connected PTSD. 
The examiner is asked to explain the reasons behind any opinions expressed and conclusions reached.
2. Readjudicate the appeal. 

 
 
M. HYLAND
Veterans Law Judge
Board of Veterans’ Appeals
 
 
L. M. BARNARD
Veterans Law Judge
Board of Veterans’ Appeals
 
 
R. FEINBERG
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J.A. Williams, Associate Counsel