Citation Nr: 21002883
Decision Date: 01/19/21	Archive Date: 01/19/21

DOCKET NO. 16-11 469
DATE: January 19, 2021

REMANDED

Service connection for a stomach condition, including gastroesophageal reflux disease (GERD) and Crohn's disease is remanded.

REASONS FOR REMAND

The appellant is a Veteran who served on active duty from February 1985 to December 1989. This matter is before the Board of Veterans’ Appeals (Board) on appeal from January 2014 rating decision appealed in a timely August 2014 notice of disagreement (NOD) and perfected by a timely March 2016 substantive appeal in response to statement of the case (SOC) earlier that month. The Board denied this claim in April 2019. In July 2020, the United States Court of Appeals for Veterans Claims (Court) granted a Joint Motion for Partial Remand (JMPR) indicating that denial relied on an inadequate August 2013 medical opinion.

1. Service connection for a stomach condition, including gastroesophageal reflux disease (GERD) and Crohn's disease is remanded.

Pursuant to the Court’s July 2020 order and the JMPR findings, a new examination and opinion is needed to clarify the nature and likely cause of the disability on appeal.

 

The matters are REMANDED for the following action:

1. Obtain all updated records (i.e., those not already of record) of VA and adequately identified private treatment the Veteran has received for the disabilities remaining on appeal. 

2. Schedule the Veteran for an in-person or telehealth (whichever is appropriate) examination by a gastroenterologist or other appropriate clinician to determine the nature and cause of any stomach disability. Based on a review of the record, examination of the Veteran (INCLUDING A COMPLETE SUBJECTIVE HISTORY AND REPORT DESCRIBING ONSET, COURSE, AND PROGRESSION OF HIS SYMPTOMS), and any tests or studies deemed necessary, the examiner must respond to the following:

(a.) Please diagnose all stomach disability entities found. All diagnostic findings (or lack thereof) must be reconciled with conflicting evidence in the record. If any previously documented diagnoses are no longer or otherwise not felt to apply, the examiner must explain why, citing to the pertinent diagnostic criteria.

(b.) For each stomach disability diagnosed, please opine as to whether it is AT LEAST AS LIKELY AS NOT (A 50 PERCENT PROBABILITY OR GREATER) that such disability is related to the Veteran’s military service, to include the various stomach issues therein. 

All opinions must include a detailed rationale explaining all medical conclusions and citing to relevant facts and medical literature or principles as appropriate. Providing an opinion or conclusion without enough explanation will delay processing of the claim and require further clarification.

 

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Yuan, 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.