Citation Nr: 21075200
Decision Date: 12/17/21	Archive Date: 12/17/21

DOCKET NO. 15-04 118A
DATE: December 17, 2021

REMANDED

Entitlement to service connection for Barrett's esophagus with gastroesophageal reflux disease (GERD) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1987 to September 1991.  He received the Army Service Ribbon; National Defense Service Medal; Army Lapel Button; Southwest Asia Service Medal with two bronze service stars; Army Good Conduct Medal; Army Achievement Medal; Noncommissioned Officers Professional Development Ribbon; Overseas Service Ribbon; Expert Badge; and Sharpshooter Badge.

In November 2017, the Veteran and his spouse testified at a videoconference hearing before the undersigned Veterans Law Judge.  A transcript of the hearing is associated with the Veteran's claims file.

This appeal was previously before the Board in July 2018 and June 2021.  The claim for service connection for Barrett's esophagus with GERD was remanded each time for a nexus opinion.  

Although the Board regrets the additional delay, another remand is necessary.  In the October 2021 brief, the Veteran's representative argued that the Veteran's GERD may be caused or aggravated by his service-connected post-traumatic stress disorder (PTSD). See October 2021 Appellate Brief, pp. 1-2.  However, there is no competent opinion of record that addresses this contention.  Accordingly, a remand is necessary to obtain an opinion that addresses this theory of entitlement. See Robinson v. Peake, 21 Vet. App. 545, 552-556 (2008).

The matter is REMANDED for the following action:

Obtain an opinion on etiology of the Veteran's Barrett's esophagus with GERD.  If deemed necessary by the examiner designated to provide an opinion, schedule the Veteran for an examination.  All indicated evaluations, studies and tests deemed necessary by the examiner should be accomplished.  The entire claims file, to include a complete copy of this REMAND, should be made available to the examiner designated to provide the opinion, and the examination report should include a discussion of the Veteran's documented medical history and assertions.

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The examiner should offer comments, an opinion and a supporting rationale that address whether it is at least as likely as not (a 50 percent probability or greater) that the Veteran's Barrett's esophagus with GERD is caused by, aggravated by, or is otherwise etiologically related to the Veteran's service-connected PTSD.  In providing this opinion, the examiner should discuss the studies published by the American Journal of Gastroenterology and Digestive Diseases and Sciences which suggest a possible relationship between reflux symptoms and psychiatric symptoms. See October 2021 Appellate Brief, p. 2.  

The examiner is advised that the Veteran is competent to report his symptoms and history, and such reports must be considered.  If the examiner rejects the Veteran's reports, the examiner must provide a reason for doing so.

 

 

A. S. CARACCIOLO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	W.V. Walker, 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.