Citation Nr: 21076647
Decision Date: 12/27/21	Archive Date: 12/27/21

DOCKET NO. 17-58 159
DATE: December 27, 2021

REMANDED

Entitlement to service connection for gastroesophageal reflux disease (GERD) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 2003 to August 2009.  This matter came before the Board of Veterans Appeals (Board) on appeal from a December 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  The Veteran testified before the undersigned Acting Veteran's Law Judge during a July 2021 hearing.  The transcript of the hearing is of record.

Entitlement to service connection for gastroesophageal reflux disease (GERD) 

The Veteran contends that his gastroesophageal reflux disease (GERD) began in service and has continued ever since.  A January 2018 VA examination diagnosed the Veteran with heartburn.  The examiner opined that it was less likely than not that the Veteran's condition was incurred in or caused by service because the cause of the Veteran's heartburn was unknown.  The examiner noted, however, that the Veteran's symptoms may be caused by his use of medication for his service-connected shoulder, back and knee pain.  

Moreover, during the July 2021 Board hearing, the Veteran testified that the medications he takes for his service-connected disabilities aggravate his heartburn.  The Board finds that this evidence, along with the above medical opinion, raises the question of secondary service connection and that remand for an opinion regarding secondary service connection is therefore required.

The matters are REMANDED for the following action:

1. Obtain an addendum opinion from an appropriate medical provider who rendered the January 2018 VA opinion.  An examination should only be scheduled if deemed needed by the examiner.  The examiner should review the claim file and provide a complete rationale for all opinions expressed.  

If the January 2018 examiner is not available or unable to provide an addendum opinion, the opinion must be rendered by an appropriate clinician who, upon review of the claim file, should provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran's gastroesophageal reflux disease (GERD) is related to his active service, to include whether it is caused or aggravated by his service-connected disabilities and/or the medications taken for those disabilities.  In providing the opinion, the examiner should consider and discuss the following:

1)	The Veteran's July 2021 testimony that his heartburn is aggravated by taking medications for his service-connected disabilities.

2)	The Veteran's January 2017 Notice of Disagreement; and 

3)	Any other lay statements regarding the onset and persistence of his symptoms.

A complete rationale must be provided for all opinions rendered. 

2. If upon completion of the above action the appeal remains denied, the case should be returned to the Board after compliance with appellate procedures.

 

T. V. CASEY

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Y. Akkad

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.