Citation Nr: 20032835
Decision Date: 05/11/20	Archive Date: 05/11/20

DOCKET NO. 14-41 524
DATE: May 11, 2020

REMANDED

Entitlement to service connection for a stomach or esophageal disability, to include gastroesophageal reflux disease (GERD) is remanded.

Entitlement to service connection for residuals of stomach surgery, secondary to a stomach or esophageal disability, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1989 to April 1993.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2013 rating decision by the Department of Veterans Affairs (VA). This case was remanded in April 2018 for further development.

In July 2017, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge; a transcript of that hearing is of record.

1. Entitlement to service connection for a stomach or esophageal disability, to include GERD, is remanded.

A December 2018 VA examiner noted that the Veteran’s diagnoses of esophagitis, esophageal stricture, and esophageal diverticulum had resolved and opined that the Veteran’s GERD was less likely than not related to his service. While the examiner noted the lay statements of record regarding symptoms in service, he relied on the absence of medical evidence during service in making his opinion. See December 2018 VA medical examination. Without further explanation, the rationale is inadequate, and remand for a new opinion is necessary. 

2. Entitlement to service connection for residuals of stomach surgery, secondary to a stomach or esophageal disability, is remanded.

This issue is inextricably intertwined with the Veteran’s other remanded issue; accordingly, it must be remanded as well.

The matters are REMANDED for the following action:

1. The AOJ should arrange for a VA medical opinion, with examination of the Veteran only if deemed necessary by a medical professional, to determine the nature and likely cause of any stomach or esophageal disability. The examiner should review the claim file (including this remand) and note such review was conducted. Based on review of the record, the examiner should provide an opinion with detailed rationale that responds to the following:

(a.) Please identify, by diagnosis, all esophageal and stomach disabilities present during the appeal period (from October 2012).

(b.) For each disability diagnosed, is it at least as likely as not (50% or greater probability) that such disability was either incurred in or otherwise related to the Veteran’s military service? Please explain why. The examiner must discuss the lay evidence of record reflecting stomach and esophagal symptoms persisting since his discharge from duty. 

The examiner may not rely solely on the absence of medical evidence during and immediately after service. Doing so will result in the opinion being deemed inadequate and may result in the case being returned to the examiner.

2. If upon completion of the above action the issues remain denied, the case should be returned to the Board after compliance with appellate procedures.

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Sandler, Associate 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.