Citation Nr: 21063364
Decision Date: 10/14/21	Archive Date: 10/14/21

DOCKET NO. 17-09 999
DATE: October 14, 2021

REMANDED

Entitlement to a compensable rating for service-connected allergic rhinitis is remanded.

Entitlement to service connection for gastrointestinal reflux disease (GERD), to include as due to Gulf War environmental hazards is remanded.

Entitlement to service connection for dermatitis, to include as due to Gulf War environmental hazards is remanded.

Entitlement to service connection for bilateral elbow bursitis, previously claimed as pain, to include as due to Gulf War environmental hazards is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1987 to January 1988 and December 1990 to June 1991.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).  The Veteran testified before the undersigned Veterans Law Judge at a videoconference hearing in April 2019.  This matter was previously remanded by the Board in August 2019 for further development.  

Regarding the Veteran's claims for entitlement to service connection to allergic rhinitis, gastroesophageal reflux disease, dermatitis, and bilateral elbow bursitis, all to include as due to Gulf War environmental hazards, the Board notes that the Veteran recently underwent examinations in August 2021 for each condition which have not been reviewed by the Agency of Original Jurisdiction.  Further, there is no evidence that the Veteran has had the opportunity to review the examinations and waive review by the AOJ.  The Veteran submitted additional statements and evidence in January 2021 that has not been considered.  As such, remand is warranted for the AOJ to review and consider the additional evidence added to the claims file since the previous adjudication.  

The matters are REMANDED for the following action:

Review the evidence added to the claims file since the August 2020 supplemental statement of the case and readjudicate the claims on appeal.  

 

 

M. E. KILCOYNE

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.