Citation Nr: 18160783
Decision Date: 12/28/18	Archive Date: 12/27/18

DOCKET NO. 18-23 075
DATE:	December 28, 2018
REMANDED
Entitlement to an initial compensable rating for gastroesophageal reflux disease (GERD) is remanded.
REASONS FOR REMAND
The Veteran, who is the appellant in this case, served on active duty from March 2014 to July 2014, from May 2015 to September 2015, and from July 2016 to March 2017. 
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an January 2018 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).
Entitlement to initial compensable rating for gastroesophageal reflux disease.
The Veteran contends that his service-connected for gastroesophageal reflux disease (GERD) disability is worse than the current noncompensable rating.
However, a remand is necessary for the RO to readjudicate the claim in light of new relevant VA evidence, which was added to the claims file without a waiver of Agency of Original Jurisdiction (AOJ) consideration.  The RO issued a Statement of the Case (SOC) regarding the Veteran’s gastroesophageal reflux disease in March 2018.  Subsequently, relevant VA treatment records, as well as a VA gastroenterology consultation addendum were associated with the claims file.  The RO did not then readjudicate the appeal in a supplemental statement of the case (SSOC), and the Veteran did not provide a waiver of AOJ consideration of this new evidence.  Therefore, the Board may not consider the evidence in the first instance.  See 38 C.F.R. § 20.1304(c) (2017).  
The matters are REMANDED for the following action:
1. Review the claims file, specifically to include VA-generated evidence since the March 2018 SOC, and complete any additional development necessary, to include obtaining an additional medical opinion, if indicated. 
2. Then, readjudicate the issue on appeal in a SSOC considering all evidence.


 
S. B. MAYS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	S. Ross, Law Clerk