Citation Nr: 21062438
Decision Date: 10/07/21	Archive Date: 10/07/21

DOCKET NO. 17-31 348
DATE: October 7, 2021

REMANDED

A compensable rating for irritable bowel syndrome (IBS) is remanded. 

REASONS FOR REMAND

The Veteran served on active duty from October 1991 to October 1996 and from July 2005 to July 2006. 

In February 2020, the Veteran testified in a videoconference hearing before a Veterans Law Judge (VLJ) that is no longer employed at the Board of Veterans Appeals (Board). The Veteran elected another hearing before a VLJ via a November 2020 submission and was scheduled for a hearing in June 2021. The Veteran did not appear and did not offer good cause for his absence. He has also not subsequently requested that the hearing be rescheduled. Accordingly, his hearing request is deemed withdrawn. 38 C.F.R. § 20.704 (d).  

In his February 2020 hearing testimony, the Veteran stated that his IBS symptoms had worsened since his last VA examination in June 2014 and that he would like to be reexamined to assess the current severity of his IBS symptoms. The Board remanded this matter in April 2020 for a VA examination to assess the current severity of the Veteran's IBS. In May 2020, a VA examination report was generated based on a review of the available records (without in-person or video telehealth examination). The examination report indicates that the examiner based their findings solely on four separate VA treatment facility progress notes spanning from December 2018 to December 2019. Given the length of time between the Veteran's last in-person VA examination and his report of progressively worsening symptoms, the Board finds that the Veteran must be afforded a new in-person VA examination to assess the current severity of his IBS. On remand, all required testing should be performed to ascertain the current severity of the Veteran's disability. 

The matters are REMANDED for the following action:

1. Ensure all outstanding VA treatment records are associated with the claims file.

2. Thereafter, provide the Veteran with an in-person  examination with a qualified clinician to determine the severity of his service-connected IBS. 

The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria.

Please note, failure to follow remand instructions will result in an additional remand.  Stegall v. West, 11 Vet. App. 268 (1998).

 

 

Jennifer White

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Kyle McKone

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.