Citation Nr: 21076165 Decision Date: 12/22/21 Archive Date: 12/22/21 DOCKET NO. 14-38 379 DATE: December 22, 2021 REMANDED Entitlement to a rating in excess of 10 percent for gastritis is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from January 1991 to September 1991, May 2004 to September 2005, and April 2008 to June 2009. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2010 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Board remanded this matter in August 2018, January 2021, and June 2021 for additional development. As discussed below, there has not been substantial compliance with the Board's previous remand directives, and another remand is required. Stegall v. West, 11 Vet. App. 268, 271 (1998). Entitlement to a rating in excess of 10 percent for gastritis is remanded. The Board's June 2021 remand (as did the January 2021 remand) specifically directed for a VA examiner to address the presence or absence of nodular lesions, eroded or ulcerated areas, or hemorrhages, as outlined under Diagnostic Code 7307 in order to determine the current severity of the Veteran's service-connected gastritis. The directives further stated that any diagnostic tests to determine if the Veteran's disability was manifested by nodular lesions, eroded, or ulcerated areas, and/or hemorrhages must be performed. However, the October 2021 VA examination report reflects that the examiner only conducted a records review, and not an in-person examination. Further, he only noted the prior findings from an upper endoscopy in August 2013 and a biopsy in April 2017. Despite the specific directives in the June 2021 remand, no current diagnostic testing was undertaken to address the presence or absence of nodular lesions, eroded or ulcerated areas, or hemorrhages. Because there has not been substantial compliance with the Board's June 2021 remand instructions, the Board finds that another remand is required. Compliance with a Board remand directive is neither optional nor discretionary. See Stegall v. West, 11 Vet. App. 268 (1998); D'Aries v. Peake, 22 Vet. App. 97, 105 (2008). Furthermore, the Board finds that the Veteran's April 2017 endoscopy is not of record, and in a September 2018 statement the Veteran refers to a June 2018 endoscopy by a private provider that is also not of record. On remand, the RO should take the necessary steps to obtain these endoscopies. The matter is REMANDED for the following actions: 1. Obtain the Veteran's authorization to request the April 2017 and June 2018 endoscopy reports. Once authorization has been received, take the necessary steps to obtain the Veteran's April 2017 and June 2018 endoscopy reports. 2. Obtain any outstanding VA medical records pertaining to the Veteran's gastritis. 3. Schedule the Veteran for an examination with an appropriately qualified physician (M.D.), who has not previously examined the Veteran, to determine the current severity of his service-connected gastritis. Diagnostic tests required to determine if the Veteran's disability is manifested by nodular lesions, eroded or ulcerated areas, and/or hemorrhages must be performed. Following the completion of the required diagnostic tests, the examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. LESLEY A. REIN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Ahuva D. Sunshine 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.