Citation Nr: 21004884
Decision Date: 01/28/21	Archive Date: 01/28/21

DOCKET NO. 16-52 405
DATE: January 28, 2021

REMANDED

Entitlement to a disability rating in excess of 10 percent for hiatal hernia and gastroesophageal reflux disease (GERD) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1972 to August 1976. 

In December 2019, the Veteran testified before the undersigned Veterans Law Judge at a videoconference hearing. A transcript of the hearing is associated with the record.

Entitlement to a disability rating in excess of 10 percent for hiatal hernia and gastroesophageal reflux disease (GERD) is remanded.

The evidence reflects that the Veteran’s service-connected hiatal hernia and GERD may have worsened since he was last examined by in July 2015. The Board notes that the Veteran reported worsening of his symptoms during his December 2019 Board hearing. Additionally, the Veteran submitted treatment records from January 2020 that report worsening of the Veteran’s symptoms of heartburn and epigastric discomfort. It also noted that the Veteran was having periodic difficulty swallowing due to throat irritation. In light of the evidence of evidence of worsening of the Veteran’s condition, a remand is warranted to ascertain the current severity and manifestations of his service-connected hiatal hernia and GERD. See Green v. Derwinski, 1 Vet. App. 121, 124 (1991).

The matters are REMANDED for the following action:

Undertake appropriate efforts to schedule the Veteran for an appropriate examination to determine the current severity of his hiatal hernia and GERD. The claims file must be reviewed in conjunction with the examination. All indicated tests and studies should be performed and the results reported in detail.

 

 

K. Parakkal

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	P.M. Johnson, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.