Citation Nr: 21002791 Decision Date: 01/15/21 Archive Date: 01/15/21 DOCKET NO. 17-18 458 DATE: January 15, 2021 REMANDED Service connection for a gastrointestinal disability, to include irritable bowel syndrome (IBS), and to include as due to an undiagnosed illness, is remanded. REASONS FOR REMAND This matter comes before the Board of Veterans’ Appeals (Board) on appeal from the July 2016 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). The Board notes that the Veteran testified at a Board hearing before a now-retired Veterans Law Judge. That transcript is of record. In November 2020, the Board notified the Veteran that the Judge had retired and provided her with an opportunity to request another hearing, stating that if she did not respond to the notice within 30 days, it would be assumed that she did not want another hearing. The Veteran did not respond to the notice within the allotted time, and the Board will therefore proceed. In December 2019, the Board denied the claim for service connection for IBS. The Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court), and in an August 2020 Order, the Court vacated the decision and remanded the claim to the Board for action consistent with a Joint Motion for Partial Remand (JMPR) and Order. In the December 2019 decision, The Board denied the claim because there was no currently diagnosed disability of IBS. The Court remanded the claim, in part, because no VA examination was provided to the Veteran regarding the claim. Further, the Court noted that while the Board discussed the requirements for establishing service connection for a chronic disability resulting from an undiagnosed illness, no explanation was provided regarding why service connection was not established under those criteria. Therefore, remand is necessary to obtain a VA examination to determine the etiology of any gastrointestinal disability, including IBS, and to obtain an opinion regarding any potential undiagnosed illness. The matter is REMANDED for the following action: 1. Associate any pertinent VA or private medical records that are not already of record with the claims file. 2. Schedule the Veteran for a VA examination to determine if she has a qualifying chronic disability under the provisions of 38 C.F.R. § 3.317, such as an undiagnosed illness, or a medically unexplained chronic multi-symptom illness. The examiner should illicit information on all of the Veteran’s conditions and symptoms, including throat or reflux, and intestinal issues. The examiner should discuss whether those symptoms may be attributed to other causes or diagnoses. The examiner must review the record and should note that review in the report. The examiner should provide the following information: (a.) Is it at least as likely as not (50 percent probability or greater) that there are objective signs or indicators showing that the Veteran has a disability manifested by symptoms including reflux and intestinal issues? If so, can that disability be attributed to any known medical causation? (b.) Is it at least as likely as not (50 percent probability or greater) that any disability manifested by symptoms including reflux and intestinal issues was incurred in or is related to service, or manifested within one year of separation from service? (c.) Is it at least as likely as not (50 percent probability or greater) that any disability manifested by symptoms including reflux and intestinal issues was caused or aggravated by a service-connected disability? JOHN Z. JONES Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board H. Ahmad, 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.