Citation Nr: 21003221
Decision Date: 01/21/21	Archive Date: 01/21/21

DOCKET NO. 16-62 930
DATE: January 21, 2021

REMANDED

Service connection for dry eyes is remanded.

Service connection for dry mouth is remanded.

Service connection for gastroesophageal reflux disorder (GERD) is remanded.

REASONS FOR REMAND

In April 2020, the Board of Veterans’ Appeals (Board) adjudicated other issues then on appeal and remanded the remaining issues on appeal for adjudication of a raised claim that was found to be inextricably intertwined with the issues on appeal. The case has been returned to the Board.

Service connection for dry eyes

Service connection for dry mouth

In the remand portion of the April 2020 decision, the Board observed that VA medical records show that the Veteran’s dry eyes and dry mouth are due to Sjogren’s syndrome, but that a claim for the disorder has not been previously adjudicated.  As adjudication of the raised claim for service connection for Sjogren’s syndrome could affect the claims for service connection for dry eyes and dry mouth, the Board found that the claims were inextricably intertwined and that a decision on these claims at that time was premature.  Thus, the Board requested adjudication of the raised claim for service connection for Sjogren’s syndrome.  

However, without adjudicating the raised claim for service connection for Sjogren’s syndrome, in an April 2020 supplemental statement of the case, the Agency of Original Jurisdiction (AOJ) readjudicated the claims remaining on appeal and then returned the case to the Board.  Thus, the AOJ must adjudicate the raised claim for service connection for Sjogren’s syndrome first, in compliance with the prior remand.  Stegall v. West, 11 Vet. App. 268 (1998).

Service connection for GERD

In the remand portion of the April 2020 decision, the Board observed that VA medical records show that the Veteran’s Sjogren’s syndrome had been treated with prednisone and that prednisone can aggravate GERD.  As adjudication of the raised claim for service connection for Sjogren’s syndrome could still affect the claim for service connection for GERD, the claims remain inextricably intertwined—and a decision on the GERD claim at this time would be premature.  Thus, the AOJ must adjudicate the raised claim for service connection for Sjogren’s syndrome, in compliance with the prior remand.  Id.

Accordingly, these matters are REMANDED for the following action:

1. Adjudicate the raised claim of entitlement to service connection for Sjogren’s syndrome. If the claim is denied, provide the Veteran with notice of his appellate rights.  If the Veteran thereafter files a timely appeal of a denial of this claim, certify the issue for appellate review.

2. Then, readjudicate the claims remaining on appeal, as are listed on the title page of this Remand.  If any 

(CONTINUED ON NEXT PAGE)

decision remains adverse to the Veteran, issue a supplemental statement of the case, allow the appropriate time for response, and return the case to the Board.   

 

 

THERESA M. CATINO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. W. Kim, 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.