Citation Nr: 21064308 Decision Date: 10/19/21 Archive Date: 10/19/21 DOCKET NO. 17-39 400 DATE: October 19, 2021 ORDER New and material evidence having been received, the appeal to reopen the claim for service connection for a stomach condition is granted. REMANDED Service connection for a stomach condition is remanded. FINDING OF FACT New and material evidence has been received to reopen the matter of service connection for a stomach condition. CONCLUSION OF LAW The criteria to reopen the claim for service connection for a stomach condition have been met. 38 U.S.C. § 5108; 38 C.F.R. § 3.156. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Marine Corps from October 1978 to August 1985, including service at Camp Lejeune for more than 30 days. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2016 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran had requested the opportunity to testify at a Board hearing; however, he failed to report for the hearing and the Board will adjudicate the appeal based on the evidence of record. 1. New and material evidence having been received, the appeal to reopen the claim for service connection for a stomach condition. The Veteran previously submitted a claim of entitlement to service connection for a stomach condition, which was denied in a July 2013 rating decision on the basis that the Veteran's condition neither occurred in nor was caused by service. The July 2013 rating decision became final because the Veteran did not submit a timely notice of disagreement (NOD) or new evidence in connection with the claim within the one-year appeal period. See 38 C.F.R. § 3.156(b); Bond v. Shinseki, 659 F.3d 1362 (Fed. Cir. 2011); see also Buie v. Shinseki, 24 Vet. App. 242, 251-52 (2010). In connection with the Veteran's claim to reopen, he submitted lay and medical evidence showing a connection between his condition and service. Thus, the Board finds that new and material evidence has been received sufficient to reopen his previously denied claim. 38 C.F.R. § 3.156(a); Shade v. Shinseki, 24 Vet. App. 110, 117-18 (2010); Justus v. Principi, 3 Vet. App. 510, 513 (1992). REASONS FOR REMAND 1. Service connection for a stomach condition is remanded. The Veteran contends that his stomach condition is due to exposure to contaminated water while stationed at Camp Lejeune. The Veteran asserted that his stomach condition is related to his exposure to drinking water and/or medication given to him while he was stationed at Camp Lejeune. See VA Form 9, July 2017. The Veteran alternatively asserts that he may have a gastrointestinal disability that is related to medication he was given to treat the condition and disabilities in service. In this regard, the Board observes that service connection is in effect for the Veteran's right shoulder, left shoulder, right knee and left knee disabilities. The Board notes that the April 2016 rating decision conceded exposure to contaminated water as the Veteran served at Camp Lejeune during a period of time known to be associated with contaminated water. Further, the Veteran's service treatment records note complaints of stomach cramps in December 1980 and his medical records following service note complaints and treatment for a stomach condition. See Medical Treatment Records, April 2012 and November 2016. To date, the Veteran has not been afforded a VA examination. VA has a duty to provide a veteran with a medical examination when such is necessary to make a decision on the claim. McLendon v. Nicholson, 20 Vet. App. 79, 83 (2006). Given the lay and medical evidence of record, the Board finds remand necessary to obtain an examination for the Veteran's stomach condition. The matters are REMANDED for the following action: 1. Obtain all outstanding medical records. 2. Notify the Veteran that he may submit additional lay statements from himself and from other individuals who have first-hand knowledge of the and/or were contemporaneously informed of his in-service and post-service gastrointestinal problems. The Veteran should also be advised that he may submit medical evidence addressing his condition. The Veteran should be provided an appropriate amount of time to submit this lay and/or medical evidence. 3. Afford the Veteran a VA examination (or telehealth interview, review of the record, etc. if an in-person examination is not feasible) to determine the onset, current nature, onset and etiology of any gastrointestinal impairment. For any identified impairment or disorder, the examiner should opine whether it is at least as likely as not that the disability had its onset in or is otherwise related to service. The examiner should determine if it is at least as likely as not caused by the Veteran's conceded in-service contaminated water exposure and/or medication given to the Veteran while he was stationed at Camp Lejeune. The examiner must also opine as to whether it is at least as likely as not that the Veteran has gastrointestinal impairment that was caused or aggravated by medication the Veteran uses to treat his service-connected disabilities, which as noted above include his right shoulder, left shoulder, right knee and left knee disabilities. (Continued on the next page) The examiner must acknowledge and discuss the competent lay evidence regarding the Veteran's symptoms during and since service. STEVEN D. REISS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Sara Leigh, Attorney Advisor 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.