Citation Nr: 20022095 Decision Date: 03/30/20 Archive Date: 03/30/20 DOCKET NO. 18-42 900 DATE: March 30, 2020 REMANDED Entitlement to service connection for a gastrointestinal disability, to include impairment of the sphincter, irritable bowel syndrome, and diarrhea, is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Air Force from May 2008 to May 2012. This matter comes before the Board of Veterans’ Appeals (Board) from a January 2017 rating decision which denied the Veteran’s claim of service connection for a gastrointestinal disability, to include impairment of the sphincter, irritable bowel syndrome, and diarrhea. Although the Veteran did not disagree with the January 2017 rating decision, he submitted relevant evidence within 1 year of this rating decision which rendered it non-final for VA adjudication purposes. See Buie v Shinseki, 24 Vet. App. 242, 251-52 (2011) (explaining that, when statements are received within one year of a rating decision, the Board's inquiry is not limited to whether those statements constitute notices of disagreement but whether those statements include the submission of new and material evidence under 38 C.F.R. § 3.156 (b)). The Agency of Original Jurisdiction (AOJ) subsequently readjudicated the currently appealed claim in a January 2018 rating decision on the basis of whether new and material evidence had been received to reopen the previously denied claim of service connection for a gastrointestinal disability. This was error. Id. Thus, the Board finds that the issue on appeal will be evaluated on a de novo basis and it should be characterized as stated above. 1. Entitlement to service connection for a gastrointestinal disability, to include impairment of the sphincter, irritable bowel syndrome, and diarrhea is remanded. The Veteran reported that he has had consistent digestive issues which began in service and have continued to date. He also reported that he has treated these symptoms with over the counter medications and conventional treatments. The Veteran’s service treatment records contain complaints of and treatment for diarrhea, stomach pains, and blood in stool. The Veteran was afforded a VA examination in December 2016. The examiner opined that the Veteran’s in-service complaints and treatment were not related to his current digestive issues. The examiner acknowledged the Veteran’s reports that he has had symptoms of digestive distress since service but characterized these reports as intermittent and not consistent. The examiner did not address the Veteran’s statements that he has been treating this condition conventionally and with self-medication. Given the Veteran’s contentions, and given the length of time which has elapsed since this examination, the Board finds that, on remand, he should be provided with another VA examination to determine the nature and etiology of his gastrointestinal disability. See Barr v. Nicholson, 21 Vet. App. 303, 311-12 (2007). The matters are REMANDED for the following action: 1. Conduct any appropriate development to obtain the Veteran’s updated VA and private treatment records. 2. Schedule the Veteran for examination by an appropriate clinician to determine the nature and etiology of any gastrointestinal disability, to include impairment of the sphincter, irritable bowel syndrome, and diarrhea. The claims file should be provided to the clinician for review. Based on a review of the claims file and the results of the Veteran’s physical examination, the clinician is asked to state whether it is at least as likely as not that a gastrointestinal disability, to include impairment of the sphincter, irritable bowel syndrome, and diarrhea, if diagnosed, is related to active service or any incident of service, to include the notations of diarrhea, stomach pain, and blood in stool in the Veteran’s service treatment records. A rationale must be provided for any opinion(s) expressed. A separate opinion and rationale should be provided for each gastrointestinal disability currently experienced by the Veteran, if possible. The clinician is advised that the Veteran contends that he has treated himself for a variety of gastrointestinal disabilities, to include impairment of the sphincter, irritable bowel syndrome, and diarrhea, conventionally and with self-medication during and after active service. The clinician also is advised not to review or rely upon the December 2016 VA examination in preparing his or her own opinion. 3. Readjudicate the appeal. MICHAEL T. OSBORNE Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. Rekowski 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.