Citation Nr: 21075238
Decision Date: 12/17/21	Archive Date: 12/17/21

DOCKET NO. 20-23 891
DATE: December 17, 2021

REMANDED

Entitlement to an initial compensable rating for gastroesophageal reflux disease (GERD) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1965 to April 1967.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a February 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

In December 2021, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. This case is being remanded under the One-Touch program; a transcript of the hearing will be associated with the file at a later date.

Entitlement to an initial compensable rating for GERD

By way of the February 2018 rating decision, the Veteran was granted service-connection for GERD on a secondary basis, due to his service-connected diabetes medication, namely metformin, causing gastroesophageal reflux disease.

During the December 2021 Board hearing, the Veteran reported that he experiences nausea, reflux, and intestinal problems because of his medication and seeks a compensable rating for his service-connected GERD.

While VA obtained a nexus opinion regarding the Veteran's GERD in January 2018, a full VA examination has yet to be provided and is required in order to adequately address the Veteran's symptomatology. See Barr v. Nicholson, 21 Vet. App. 303 (2007) (VA must provide an examination or opinion that is adequate for rating purposes).

Additionally, the most recent VA treatment records associated with the claims file are from July 2020. Therefore, on remand, outstanding VA treatment records should also be obtained. 

The matter is REMANDED for the following action:

1. Obtain and associate with the claims file all outstanding VA treatment records, to specifically include those since July 2020.

2. Schedule the Veteran for a VA examination to determine the current severity of his GERD. The claims file, to include a copy of this remand, should be reviewed by the examiner in conjunction with the examination. 

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The examiner should describe all symptoms of, and impairment due to, the Veteran's GERD and a complete rationale should be provided.

 

 

C. CRAWFORD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	N. B. Smith, Associate 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.