Citation Nr: 20047294
Decision Date: 07/15/20	Archive Date: 07/15/20

DOCKET NO. 10-11 589
DATE: July 15, 2020

REMANDED

Entitlement to service connection for a disability manifested by chest pain and an upset stomach (claimed as stomach disorder) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1989 to June 1998 and from January 2003 to July 2004.  He also had a period of active duty for training (ACDUTRA) from November 1983 to April 1984. 

This appeal stems from a January 2007 rating decision.  The Board remanded the claim in September 2013, August 2016, March 2017, and December 2017. 

Thereafter, July 2018, the Board denied the claim, finding that the competent evidence of record showed that the Veteran did not currently have a disability manifested by chest pain and upset stomach.

The Veteran timely appealed the decision to the United States Court of Appeals for Veterans Claims (Court), and by a December 2019 Memorandum Decision, the Court set aside and remanded the Board’s July 2018 decision.  Specifically, the Court found that the Board inadequately addressed why it discounted the Veteran’s complaints of current chest pain and upset stomach.  In addition, the Court noted that the 2018 VA examination relied upon by the Board also failed to consider the Veteran’s accounts of current symptoms.

Given the Court’s decision, the Board finds that a remand is necessary to ensure the Veteran is provided with an adequate VA examination.

The matters are REMANDED for the following action:

1.  Ensure that all outstanding VA treatment records are associated with the claims file.

2.  Thereafter, provide the Veteran with a VA examination to determine the nature and etiology of the claimed disability manifested by chest pain and an upset stomach.  The claims file and a copy of this remand will be made available to the examiner, who will acknowledge receipt and review of these materials.  All indicated studies, tests, and evaluations must be conducted, and all findings reported in detail.

After a review of the record and examination of the Veteran, the examiner is asked to respond to the following:

(a)	Identify any currently diagnosed disability manifested by chest pain/upset stomach.  

(b)	If a disability is not diagnosed, address whether the Veteran’s competent reports of chest pain and upset stomach reported during the 2018 VA examination result in functional impairment of earning capacity.

(c)	For each currently diagnosed disability and/or symptoms resulting in functional impairment of earning capacity, provide an opinion as to whether it, at least as likely as not (50 percent or greater probability), had its onset during service or is otherwise etiologically related to it.  

*In doing so, specifically address the Veteran’s competent reports of chest pain and upset stomach made during the appeal period and his service treatment records showing GI complaints.

A complete rationale should be provided for all opinions.

3.  Thereafter, readjudicate the remanded claim.

 

 

S. B. MAYS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Yaffe, 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.