Citation Nr: 21063124 Decision Date: 10/13/21 Archive Date: 10/13/21 DOCKET NO. 14-31 238A DATE: October 13, 2021 REMANDED Entitlement to a rating in excess of 10 percent disabled for service-connected gastroesophageal reflux disease (GERD) is remanded. Entitlement to service connection for a digestive system disability other than GERD, to include diverticulitis, is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1979 to August 1984, and from October 1985 to September 2004. In an April 2020 decision, the Board declined to grant entitlement to an increased rating for GERD and service connection for a digestive system disability other than GERD. A June 2021 Court of Appeals for Veterans Claims (CAVC) order vacated the Board's decision and adopted a Joint Motion for Remand (JMR) for reconsideration of the Veteran's claim. These issues are once again before the Board for further adjudication. The JMR noted relevant, outstanding private medical records from Dr. R. in 2017, and outstanding federal or private treatment records from Orlando Medical Center in 1988. The Veteran submitted a June 2021 statement indicating that Dr. R. in Panama City performed an endoscopy and colonoscopy in 2017, and treated the Veteran for rectal itching and bleeding. The statement also noted outstanding 1988 treatment records from Orlando Medical Center for in-service treatment of food poisoning. None of these records appear to be part of the claims file. A remand is needed to obtain outstanding, relevant private and federal medical records. The matters are REMANDED for the following action: 1. Obtain VA relevant VA treatment records since May 2019 and associate them with the claims file. 2. Ask the Veteran to complete a VA Form 21-4142 for any outstanding relevant treatment records related to his GERD and digestive tract disorder, including the following: treatment records from Dr. R. in Panama City, and including records of any endoscopy and colonoscopy performed by Dr. R. in 2017; and 1988 treatment records from Orlando Medical Center, including treatment for food poisoning. If the records cannot be obtained, any negative responses should be associated with the claims file, and the Veteran and his representative should be notified of unsuccessful attempts to obtain the records, in order to allow the Veteran the opportunity to obtain and submit those records for review 3. Take the necessary steps to obtain any outstanding federal treatment records related to the Veteran's 1988 treatment for food poisoning, or related to December 1988 service treatment records reflecting treatment for vomiting and motion sickness. If such records cannot be obtained or are unavailable, provide a memorandum to the claims file noting any steps taken to obtain the records and the results of those steps. T. MAINELLI Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Howell, 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.