Citation Nr: 21062720
Decision Date: 10/12/21	Archive Date: 10/12/21

DOCKET NO. 16-05 236
DATE: October 12, 2021

REMANDED

Entitlement to service connection for a colorectal disability to include adenocarcinoma of the colon, claimed as the result of exposure to ethylene oxide, is remanded.  

Entitlement to service connection for a gastrointestinal disability to include irritable bowel syndrome (IBS) and radiation colitis, claimed as the result of exposure to Persian Gulf War environmental hazards, is remanded.  

REASONS FOR REMAND

The Veteran had on active service from April 1979 to April 1985; from January 1991 to April 1991; and from March 2003 to June 2003.  He served in Saudi Arabia.  The Veteran had additional duty with the Naval Reserve.  

In March 2020, the Veteran appeared at a videoconference hearing before the undersigned Veterans Law Judge.  The hearing transcript is of record.  

Entitlement to service connection for both a colorectal disability to include adenocarcinoma of the colon claimed as the result of exposure to ethylene 

 

oxide and a gastrointestinal disability to include IBS and radiation colitis claimed as the result of exposure to Persian Gulf War environmental hazards is remanded.  

In a February 2021 written statement, the Veteran requested that the curriculum vitae and/or relevant medical credentials of the physician who prepared the October 2020 Department of Veterans Affairs (VA) gastrointestinal evaluation be incorporated into the record.  

When a request is made for information as to the competency of an examiner who conducts an evaluation, the Veteran has the right, absent unusual circumstances, to the curriculum vitae and other relevant information about the qualifications of a medical examiner.  Francway v. Wilkie, 940 F.3d 1304 (Fed. Cir. 2019).  

The matters are REMANDED for the following action:

Request the curriculum vitae and other relevant medical credentials of the physician who prepared the October 2020 VA gastrointestinal evaluation be incorporated into the record.  If the requested information is unavailable, a written statement to that effect should be prepared for the record and the Veteran and his accredited representative notified of the unavailability of the records.

 

 

J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Casula

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.