Citation Nr: 21061376
Decision Date: 10/01/21	Archive Date: 10/01/21

DOCKET NO. 13-28 388A
DATE: October 1, 2021

REMANDED

Entitlement to an initial compensable rating for gastroesophageal reflux disease (GERD) with Barrett's esophagus and a cholecystectomy for the period prior to November 24, 2014 is remanded.

Entitlement to an increased rating higher than 10 percent for GERD with Barrett's esophagus and a cholecystectomy for the period from November 24, 2014 is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1988 to September 1988 and August 1989 to August 1992. The claims noted above were denied in a September 2020 Board decision. The Veteran appealed that decision to the United States Court of Appeals for Veterans Claims (Court). The Veteran and the Secretary of Veterans Affairs (the Parties) filed a Joint Motion for Remand (JMR) with the Court in June 2021. The Court issued an order dated that same month granting the JMR and remanding the above noted claims to the Board.

The JMR indicates that the Board failed to provide adequate reasons or bases for the denial of an earlier effective date for an initial compensable rating for GERD for the period prior to November 24, 2014 and a rating higher than 10 percent for GERD for the period from November 24, 2014. Specifically, the Board failed to adequately address evidence of record including an October 2012 private treatment record noting the Veteran has not been afforded an esophagogastroduodenoscopy (EGD) and if the subsequent November 2012 EGD results indicating "short segment Barrett's" and chronic gastritis entitled the Veteran to a compensable rating prior to November 24, 2014.

In addition, the JMR noted the Board had previously acknowledged the Veteran has been prescribed medication for GERD for the entire period on appeal, but it is not clear to what extent it considered the ameliorative effects of his medication. The JMR notes it is error for the Board to deny entitlement to a higher rating based on relief provided by medication when not specifically contemplated by the rating criteria. The Board finds a new examination is warranted.

The matters are REMANDED for the following action:

Schedule the Veteran for a VA examination to determine the severity of his GERD. The examiner should identify all symptoms attributable to the Veteran's GERD and the examination should be conducted in accordance with the current Disability Benefits Questionnaire. The examiner should provide a full description of ALL associated functional impairments as they relate to the relevant rating criteria. The examiner should specifically comment on the severity of the Veteran's GERD symptoms in the absence of any ameliorative effects provided by the medication used to treat his GERD.

The examiner is also asked to specifically comment on the November 2012 EGD results that showed short segment Barrett's esophagus and explain the relationship between the Veteran's diagnosed Barrett's esophagus and his service-connected GERD. 

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A complete rationale should be given for all opinions and conclusions expressed.

 

 

K. Anderson

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Banks, Associate 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.