Citation Nr: 21004874 Decision Date: 01/28/21 Archive Date: 01/28/21 DOCKET NO. 12-05 216 DATE: January 28, 2021 REMANDED Entitlement to service connection for gastroesophageal reflux disease (GERD), to include as due to exposure to asbestos, is remanded. Entitlement to service connection for a dental disorder to include as secondary to GERD is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1963 to August 1967. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a rating decision issued by the Department of Veterans Affairs (VA) Regional Office. In an August 2019 decision, the Board denied the Veteran’s claim, among others, for service connection for GERD. In that same decision, the Board remanded the claim for service connection for a dental disorder for further development. Thereafter, the Veteran appealed the August 2019 Board decision to the United States Court of Appeals for Veterans Claims (Court), and the parties entered into a Joint Motion for Partial Remand (JMPR). In the August 2020 JMPR, the parties limited their appeal to the denial of service connection for GERD. See August 2020 JMPR. 1. Entitlement to service connection for GERD, to include as due to exposure to asbestos, is remanded. In the August 2020 JMPR, the parties agreed that the Board provided an inadequate statement of reasons or bases regarding the Veteran’s GERD. Indeed, the parties noted that the Board did not ensure compliance with its May 2017 remand directives. The parties found that the May 2019 VA examiner did not adequately answer the Board’s remand instructions; as the examiner did not find whether it was at least as likely as not that the currently diagnosed GERD was incurred in or caused by the Veteran’s military service, to include in-service asbestos exposure. The parties found that although the examiner said it was “less likely” that GERD was related to service, the examiner failed to address whether the GERD was less likely than not related to service. The parties found that this was not a trivial omission. The “less likely” phrase could have meant that it was “less likely” that asbestos exposure caused the GERD than the other factors cited (i.e., smoking, hiatal hernia). The parties concluded that just because one factor is more likely than another does not mean the other factor did not cause it under the “as likely as not” standard. The Board finds that a remand is necessary for an addendum opinion or a new VA examination that considers all of the evidence of record, to determine whether the Veteran has GERD that is at least as likely as not due to an in-service event, illness, or injury. 2. Entitlement to service connection for a dental disorder to include as secondary to GERD is remanded. The Veteran contends that his dental disorder is due to, in part, his GERD. The dental disorder claim is inextricably intertwined with the GERD claim. The matters are REMANDED for the following action: 1. Obtain an adequate addendum opinion as to whether it is at least as likely as not (i.e. probability of 50 percent or more) that the Veteran’s currently diagnosed GERD is due to an in-service illness, event, or injury, to include his conceded asbestos exposure. It is left to the examiner’s discretion whether to do an in-person examination. Additionally, the examiner should opine whether the Veteran’s dental disorder is proximately due to or aggravated by his GERD. The examiner is asked to provide an opinion as to both causation and aggravation. The examiner is asked to provide a detailed rationale for any opinions rendered. H.M. WALKER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. McPhaull, 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.