Citation Nr: 21072442
Decision Date: 12/03/21	Archive Date: 12/03/21

DOCKET NO. 17-07 484
DATE: December 3, 2021

REMANDED

Entitlement to service connection for gastroesophageal reflux disease (GERD) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1982 to June 1987.  

This issue comes before the Board of Veterans' Appeals (Board) on appeal from an October 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  

Entitlement to service connection for gastroesophageal reflux disease (GERD) is remanded.

The issue of entitlement to service connection for GERD was previously before the Board in January 2019 when it was remanded for further development and a VA examination.  The Veteran did not report for a VA examination.  However, it is not clear that the Veteran ever received notice of a scheduled VA examination.  In October 2019, the VA examination was cancelled because the scheduler was "Unable to contact Veteran."  Further, notice of the Board's January 2019 remand order was returned to VA by the United States Postal Service as "ATTEMPTED  NOT KNOWN UNABLE TO FORWARD."  In July 2020, the Veteran's representative did not offer a reason why the Veteran was unable to be contacted but assured VA that the Veteran would attend if the VA examination was rescheduled.  Another opportunity for the Veteran to report for the VA examination is warranted.

The Board notes that it is well settled that the duty to assist is not a "one-way street."  Hayes v. Brown, 5 Vet. App. 60, 68 (1993) (citing Wood v. Derwinski, 1 Vet. App. 190, 193 (1991)) (holding that appellants are obligated to cooperate and assist the VA in developing evidence); see also Wamhoff v. Brown, 8 Vet. App. 517, 522 (1996).  "If a veteran wishes help, he cannot passively wait for it in those circumstances where he may or should have information that is essential in obtaining the putative evidence."  Hayes, 5 Vet. App. at 688.  The Veteran must be advised that it is the Veteran's responsibility to cooperate in the development of the case, and that the consequences of failure to cooperate in the future may include denial of the claims.  See 38 C.F.R. § 3.655.

The matters are REMANDED for the following action:

1. In remanding these matters, however, the Board makes no finding, implicit or otherwise, as to the credibility of the Veteran's assertions.  Neither the Veteran's credibility nor any lack thereof should be presumed in this remand order.

2. Attempt to ascertain and, if necessary, update the Veteran's mailing address.

3. Schedule the Veteran for an examination by an appropriate clinician to determine the cause of the GERD.  The examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease, including (i) the Veteran's claimed exposure to electromagnetic radiation and (ii) the Veteran's claimed exposure to materials such as Coolanol, Freon, and methyl ethyl ketone.  In rendering this opinion, consider and discuss the article submitted by the Veteran concerning "radiofrequency sickness."

 

 

G. A. WASIK

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	James Hekel

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.