Citation Nr: 21069803
Decision Date: 11/19/21	Archive Date: 11/19/21

DOCKET NO. 16-12 988
DATE: November 19, 2021

REMANDED

Entitlement to service connection for gastroesophageal reflux disease (GERD) claimed as a stomach condition secondary to cervical spine disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Air Force from April 1953 to March 1957.

This matter comes before the Board of Veterans' Appeals (Board) from a March 2013 rating decision by the Department of Veterans Affairs, Regional Office, located in St. Petersburg, Florida (RO), which, in pertinent part, denied the claim for service connection for GERD.

The Board, in pertinent part, remanded this case for additional development in December 2017. The Agency of Original Jurisdiction (AOJ) obtained a VA medical opinion addressing the Veteran's GERD, but on the August 2021 Supplemental Statement of the Case (SSOC) that addressed the other issues on appeal, service connection for GERD was not listed as one of the issues on appeal. 

In October 2021, the Veteran submitted a VA Form 20-0996, Decision Review Request: Higher-Level Review (HLR), and opted into the modernized review system, also known as the Appeals Modernization Act (AMA), from the August 2021 SSOC. In October 2021, the AOJ issued a HLR decision on appeal, which addressed the other issues on appeal, not including the claim for service connection for GERD. 

Because the service connection claim for GERD was not addressed on the August 2021 SSOC or the VA Form 20-0996, it remains in the legacy appeal. If the Veteran wishes to opt into the AMA regarding this issue, he must do so after receipt of the SSOC. 

1. Entitlement to service connection for GERD claimed as a stomach condition secondary to cervical spine disorder is remanded.

If the AOJ receives evidence after an appeal is initiated but before the appeal is transferred to the Board, the evidence must be referred to the appropriate rating or authorization activity for review and disposition (i.e. Remand for SSOC). 38 C.F.R. § 19.37 (a). Pursuant to the Board's December 2017 remand, a VA medical opinion was provided with respect to the service connection claim for GERD. The record does not show that the AOJ has readjudicated the claim taking into consideration the March 2020 VA examination in a Supplemental Statement of the Case on the matter. 

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The matter is REMANDED for the following action:

1. Readjudicate the claim for service connection for GERD on appeal and issue a Supplemental Statement of the Case. Ensure the Veteran and his representative are notified that they can opt this matter into the AMA review process along with the other issues previously in the legacy appeal. 

 

 

S. L. Kennedy

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Sarah B. Richmond, 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.