Citation Nr: 21074500
Decision Date: 12/15/21	Archive Date: 12/15/21

DOCKET NO. 16-45 047
DATE: December 15, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from March 1967 to October 1973. 

This matter is before the Board of Veterans' Appeals (the Board) on appeal from an October 2015 Department of Veterans Affairs (VA) Regional Office (RO) rating decision.  The rating decision, inter alia, continued the prior denial of service connection for GERD because no new and material evidence has been received.  The Veteran's Notice of Disagreement (NOD) was received in November 2015.  The Statement of the Case was issued in August 2016, and the Veteran's VA Form 9, substantive appeal to the Board, was received in September 2016. 

In a November 2019 Board decision, the claim was reopened and remanded.  In an August 2020 Board decision, the claim was denied.  The Veteran appealed the determination to the United States Court of Appeals for Veterans Claims (CAVC).  In a July 2021 Order, CAVC vacated the August 2020 Board decision and remanded the matter to the Board for development consistent with the parties' Joint Motion for Remand (JMR).   

Entitlement to service connection for GERD.

The Veteran contends that he has a history of GERD and that there were several private esophagogastroduodenoscopies (EGDs) completed in the past.  Specifically, October 2002 and May 2005 private treatment notes indicate that the Veteran reported having some EGDs done in the past, with the latter record indicating that there is a July 31, 2001 EGD showing some gastritis.  However, the Veteran's file does not contain any private EDGs.  As such, a remand is necessary to obtain those records and associate them with the claims file.   

The matter is REMANDED for the following action:

After obtaining proper authorization, the RO should obtain, to the extent possible, any private treatment records identified by the Veteran as relevant to his claim, including, but not limited to the Veteran's EGD report from July 31, 2001 and any other EGD reports identified by the Veteran; and, associate them with the claims file.  If the Veteran is unable to provide sufficient information to locate and obtain his private EGDs, the RO should obtain written confirmation of that fact. 

 

 

L. B. CRYAN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Kuksova, Kseniya

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.