Citation Nr: 21002250 Decision Date: 01/13/21 Archive Date: 01/13/21 DOCKET NO. 16-50 672 DATE: January 13, 2021 REMANDED Entitlement to service connection for stomach problems is remanded. Entitlement to service connection for colon problems is remanded. Entitlement to an increased evaluation in excess of 10 percent for residuals lumbar strain is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Marine Corps from September 1965 to September 1967. These matters come before the Board of Veterans’ Appeals (Board) on appeal from March 2013 and September 2013 rating decision by the Oakland, California Regional Office (RO) of the United States Department of Veterans Affairs. These matters were previously before the Board in July 2019 at which time they were remanded for additional development. The Board finds that there was not substantial compliance with its July 2019 remand orders and another remand of these issues is necessary. See Stegall v. West, 11 Vet. App. 268 (1998). In its July 2019 remand directives, the Board requested the Veteran be scheduled for a VA gastrointestinal examination and a VA spine examination. A review of the file reveals these examinations were not performed. Rather, the RO obtained medical opinions regarding the Veteran’s claimed stomach condition and colon conditions. With regard to the requested VA spine examination, there is an undated notification associated with the file indicate that the Veteran’s spine examination was cancelled because he was a “no show.” However, after a review of the file, it is unclear to the Board whether or not the requested spine examination was actually scheduled. The Board specifically directed that examinations were to be scheduled to determine the nature and etiology of the Veteran’s claimed stomach disorder and colon disorder. There is no record of any VA examinations. Rather, the RO requested and submitted a VA opinion as to the nature and etiology of the Veteran’s claimed disorders. On remand, new VA examinations must be scheduled, and opinions must be provided as to the etiology of any currently diagnosed disabilities to comply with the Board’s prior remand instructions. Stegall v. West, 11 Vet. App. 268, 271 (1998). The Veteran should also be scheduled for a VA spine examination to determine the current nature and severity of the Veteran’s residuals, lumbar strain. The undated notification associated with the file indicates the Veteran was a “no show” for a VA spine examination. However, based on a review of the file, it appears that the requested VA spine examination was not scheduled. Therefore, on remand, a VA spine examination should be scheduled and an opinion as to the severity of the Veteran’s residuals should be obtained to comply with the Board’s prior remand instructions. Id. The matters are REMANDED for the following action: 1. Associated with the claims file updated VA treatment records. 2. Schedule the Veteran for a VA gastrointestinal examination. The claims file must be reviewed in conjunction with the examination. The examiner must identify all current conditions of the stomach and colon. For each identified disability, the examiner must opine as to whether it is at least as likely as not (50 percent probability or greater) that each condition began in service or is otherwise related to service, to include as due to herbicide exposure, to include as due to his service-connected PTSD, and to include as due to any prescription medication he takes for any service-connected disabilities. A full and complete rationale is required for all opinions expressed. 3. Schedule the Veteran for a VA spine examination. The examiner must ascertain the current severity and manifestations of the Veteran’s residuals, lumbar strain. 4. Then, readjudicate the remanded issues. If the benefits sought remain denied, the Veteran and his representative should be provided with a supplemental statement of the case. The case should then be returned to the Board for appellate review if otherwise in order. WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. M. Lunger, 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.