Citation Nr: 20004728 Decision Date: 01/21/20 Archive Date: 01/21/20 DOCKET NO. 16-40 305 DATE: January 21, 2020 ORDER Entitlement to service connection for gastroesophageal reflux disease (GERD) is granted. REMANDED Entitlement to service connection for bilateral hearing loss is remanded. FINDING OF FACT The Veteran’s GERD began during active service. CONCLUSION OF LAW The criteria for service connection for GERD are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active military service from August 2002 to December 2006. This matter is on appeal from a September 2014 rating decision. The Veteran requested a hearing before the Board of Veterans’ Appeals (Board), but withdrew his request for a hearing in February 2017; the Board will proceed to review the case based on the evidence of record. See 38 C.F.R. § 20.704(e). The Veteran contends that the onset of his GERD was in service. February 2015 notice of disagreement (NOD). The Board concludes that the Veteran has a current disability that began during active service. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a). A September 2015 VA esophageal conditions examination shows the Veteran has a current diagnosis of GERD. During service, the Veteran reported an ulcer in a November 2005 dental patient medical history. An April 2008 VA treatment record shows that the Veteran reported having burning epigastric pain that began after returning from Afghanistan. Thus, the question becomes whether the current disability is related to service. On this question there is only a probative opinion in favor of the claim. The evidence in favor of the claim includes a private February 2015 esophageal conditions Disability Benefits Questionnaire in which the physician opined that the Veteran's GERD was more likely than not incurred while on active duty. The physician noted that the Veteran began to have reflux and acid issues while on active duty. They discussed that the Veteran's service treatment records (STRs) noted that he suffered with an ulcer. They noted that there were no testing results as to how that was diagnosed; however, there was evidence of the Veteran having ongoing symptoms that were consistent with GERD and he continued to have those symptoms after leaving active service. The September 2015 VA esophageal conditions examiner provided a negative opinion regarding a sporadic cough; however, they did not address the Veteran's GERD. Upon review of the record, the Board finds the evidence supports a finding that the Veteran’s current GERD arose in service. His STRs show a reported ulcer in 2005; his competent and credible statements have indicated that his current symptoms began during service; and the private February 2015 opinion shows that his current GERD is related to service. Accordingly, after resolving all doubt in favor of the Veteran, the Board finds that service connection for GERD is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. REASONS FOR REMAND An August 2014 VA hearing loss and tinnitus examination shows that the Veteran brought audiograms from his employer dated in September 2010 or 2011 and September 2013. These records are not in the claims file. A remand is required to allow VA to obtain authorization and request these records. The matter is REMANDED for the following action: In accordance with the provisions of 38 C.F.R. § 3.159(c)(1), make efforts to obtain all records identified by the Veteran, including any outstanding VA treatment records and audiograms from the Cherokee County Fire Department, including those from September 2010 or 2011 and September 2013 presented at the August 2014 VA hearing loss and tinnitus examination. A. C. MACKENZIE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board L. Barstow, Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.