Citation Nr: 21074704 Decision Date: 12/16/21 Archive Date: 12/16/21 DOCKET NO. 17-28 867 DATE: December 16, 2021 REMANDED Entitlement to service connection for a stomach disability is remanded. REASONS FOR REMAND The Veteran served on active duty for training (ACDUTRA) from September 1972 to October 1972 and on active duty from December 1972 to December 1973 with additional service in the Air Force National Guard. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO), which denied service connection for residuals of stomach ulcer. The Veteran filed a notice of disagreement (NOD) in March 2016 and a statement of the case (SOC) was issued in April 2017. He perfected a timely appeal in May 2017. In August 2021, the Veteran presented sworn testimony during a virtual hearing, which was chaired by the undersigned Veterans Law Judge. A transcript of the hearing has been associated with the Veteran's VA claims file. 1. Entitlement to service connection for a stomach disability is remanded. The Veteran asserts entitlement to service connection for a stomach disability, which he contends was incurred during his active duty service. See the Veteran's claim dated October 2013. Although the Veteran underwent an esophagogastroduodenoscopy in May/June 1983, he argues his stomach ulcer disability initially manifested during his period of active duty. See, e.g., the Board hearing transcript dated August 2021. To this end, the Board notes that the Veteran was treated for right flank pain in September 1973, which was attributed to a muscle strain. He again complained of right flank pain in November 1973 and the service treatment record (STR) indicated that he also vomited a meal. The Veteran underwent an esophagogastroduodenoscopy in May/June 1983 for a benign gastric ulcer. Treatment records noted the Veteran's history of recurrent peptic ulcer disease (PUD), for which he had been followed since February 1983. See the discharge summary dated June 1983. A Report of Medical History dated in July 1988 noted that the Veteran was diagnosed with an ulcer in 1978, which was removed in May 1982 or 1983. It was indicated that the Veteran has had no problems since removal. See the Report of Medical History dated July 1988. A Report of Medical History dated in August 1993 also noted that het Veteran had experienced no problems since his ulcer surgery. VA treatment records dated in December 2009 noted that the Veteran complained of chest pain. The treatment provider indicated a possible diagnosis of gastroesophageal reflux disease (GERD). See the VA treatment records dated December 2009. VA treatment records dated in May 2020 noted reflux esophagitis. The Veteran has not been afforded a VA examination or medical opinion as to his stomach disability claim. As such, the Board finds that this matter must be remanded in order to afford the Veteran a VA examination to address the etiology of the claimed stomach disability. See Charles v. Principi, 16 Vet. App. 270 (2002); see also 38 C.F.R. § 3.159(c)(4) (a medical examination or opinion is necessary if the information and evidence of record does not contain sufficient competent medical evidence to decide the claim). The matters are REMANDED for the following action: Schedule the Veteran for a VA examination to determine the nature and etiology of his stomach disability. All indicated tests and studies should be conducted. The contents of the electronic claims file must be made available to the examiner for review in connection with the examination. With respect to any diagnosed stomach disability, is it at least as likely as not that the identified disability was incurred in the Veteran's ACDUTRA and/or active duty service? In providing the opinion and rationale, the examiner should consider the relevant evidence of record, particularly (1) the Veteran's service treatment records, referenced above; (2) the post-service treatment records described above; and (3) the Veteran's August 2021 hearing testimony regarding the onset and duration of his symptoms. The examiner must also consider the Veteran's description of his in-service and post-service symptoms. If there is any medical reason to accept or reject the proposition that the Veteran's reported symptoms in service and thereafter represented the onset of his current stomach disability, this should be noted. Stated another way, do the Veteran's reports about his symptoms align with how the disability are known to develop or are the Veteran's reports generally inconsistent with medical knowledge or implausible? The examiner should note that the absence of evidence of treatment for a disability in the Veteran's service treatment records should not serve as the sole basis for a negative opinion. All examination findings/testing results (if any), along with complete, clearly-stated rationale for the conclusions reached, must be provided. K. Conner Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. K. Buckley, 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.