Citation Nr: 21076085 Decision Date: 12/22/21 Archive Date: 12/22/21 DOCKET NO. 14-08 580 DATE: December 22, 2021 REMANDED Entitlement to an initial disability rating in excess of 10 percent for service-connected intolerance to fatty and other foods (hereinafter "stomach disability"), is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1984 to August 2004. This matter comes to the Board of Veterans' Appeals (Board) on appeal from an August 2011 rating decision which, in pertinent part, granted service connection for a stomach disability, evaluated as noncompensable, effective July 8, 2010. In July 2016, the Veteran testified before a Veterans Law Judge (VLJ) at a Board videoconference hearing. A copy of the transcript is of record. In a December 2017 decision, the Board granted an initial 10 percent evaluation, but no higher, for the Veteran's stomach disability. The Veteran appealed the denial of an initial rating in excess of 10 percent for his stomach disability to the U.S. Court of Appeals for Veterans Claims (Court), and in a January 2019 order, the Court granted the parties' Joint Motion for Partial Remand (Motion), vacated the Board's decision as it pertained to the denial of an initial rating in excess of 10 percent, and remanded the matter back to the Board for adjudication consistent with the Motion. Most recently, in a July 2020 decision, the Board again denied an initial rating in excess of 10 percent for the Veteran's stomach disability. The Veteran appealed the denial to the Court, and in an August 2021 order, the Court granted the parties' Joint Motion for Partial Remand (Motion), vacated the Board's decision as it pertained to the denial of an initial rating in excess of 10 percent, and remanded the matter back to the Board for adjudication consistent with the Motion. Entitlement to an initial disability rating in excess of 10 percent for service-connected intolerance to fatty and other foods (hereinafter "stomach disability"), is remanded. The record reflects that there may be outstanding private treatment records related to the Veteran's stomach disability. Specifically, a February 2019 treatment record from Digestive Health Specialists of the Southeast reflects that the Veteran was evaluated for diarrhea and nausea. The treatment plan indicated that additional diagnostic testing would be conducted and a follow-up appointment scheduled. However, records related to the diagnostic testing and any follow-up appointments are not associated with the record. A remand is required to allow VA to obtain authorization and request these records. See July 2021 Joint Motion for Partial Remand. The matter is REMANDED for the following actions: 1. Ask the Veteran to complete a VA Form 21-4142 for Digestive Health Specialists of the Southeast and any other private treatment received for his stomach disability, to include, but no limited to, treatment received since February 2019. Make two requests for the authorized records from the identified providers unless it is clear after the first request that a second request would be futile. 2. Obtain the Veteran's VA treatment records from August 2021 to the present. 3. After completing the above, and any other development as may be indicated, the Veteran's claim should be readjudicated based on the entirety of the evidence. If the claim remains denied, the Veteran and his representative should be issued a supplemental statement of the case (SSOC). An appropriate period of time should be allowed for response. Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. K. Parakkal Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Owen, 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.