Citation Nr: 21072978
Decision Date: 12/07/21	Archive Date: 12/07/21

DOCKET NO. 18-40 934
DATE: December 7, 2021

REMANDED

The appeal regarding entitlement to an initial compensable evaluation for gastroesophageal reflux disease (GERD) with hiatal hernia is remanded.

REASONS FOR REMAND

The Veteran had active service from July 2008 to December 2014.

This matter comes before the Board of Veterans' Appeals (Board) from a June 2016 rating decision by the Agency of Original Jurisdiction (AOJ).

A Board hearing was held in August 2021.  A transcript is of record.

The Veteran seeks a higher initial evaluation for his gastrointestinal disability.  During his Board hearing, he testified that his symptoms had worsened.  He noted that he experienced regular vomiting, frequent regurgitation and heartburn, arm and shoulder pain, and a choking sensation.  

As the Veteran asserts that his GERD and hiatal hernia have worsened, and he has endorsed symptoms that were not noted during VA examinations in May 2016 and May 2018, the Board concludes that an additional examination is warranted.  

The matters are REMANDED for the following action:

1. Schedule the Veteran for a VA examination to determine the severity of his service-connected GERD and hiatal hernia.

The claims file must be made available to the examiner.  All necessary tests and studies should be accomplished, and all clinical findings should be reported in detail.  

Following review of the record and examination of the Veteran, the examiner should identify all pertinent symptomatology and findings referable to the Veteran's GERD with hiatal hernia.  

2. Then, readjudicate the Veteran's claim.  If the decision remains adverse to the Veteran, he and his representative should be furnished a supplemental statement of the case (SSOC) and afforded an appropriate period within which to respond thereto.

 

 

DONNIE R. HACHEY

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.