Citation Nr: 21077042
Decision Date: 12/28/21	Archive Date: 12/28/21

DOCKET NO. 16-03 126
DATE: December 28, 2021

ORDER

Entitlement to service connection for esophageal cancer due to the service connected gastroesophageal reflux disease (GERD) is granted.  

FINDINGS OF FACT

1. Service connection has been established for GERD, right lower extremity peripheral vascular disease, left lower extremity peripheral vascular disease, coronary artery disease, left total knee replacement, erythema multiforme, right knee meniscal tear with osteoarthritis, right hand metacarpal fracture residuals, right knee scar, left knee scar, an anterior neck scar, and an abdominal scar.  

2. Esophageal cancer has been shown to be related to service-connected GERD.  

CONCLUSION OF LAW

The criteria for service connection for esophageal cancer due to the service connected GERD have been met.  38 U.S.C. § 5107; 38 C.F.R. §§ 3.102, 3.310(a).  

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran had active service from November 1969 to November 1971.  He served in the Republic of Vietnam and at Camp Lejeune, North Carolina.  

SERVICE CONNECTION FOR ESOPHAGEAL CANCER

Service connection may be established for disability which is proximately due to or the result of a service-connected disability.  38 C.F.R. § 3.310(a).  Service connection has been established for GERD, right lower extremity peripheral vascular disease, left lower extremity peripheral vascular disease, coronary artery disease, left total knee replacement, erythema multiforme, right knee meniscal tear with osteoarthritis, right hand metacarpal fracture residuals, right knee scar, left knee scar, an anterior neck scar, and an abdominal scar.  

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The report of a March 2021 Department of Veterans Affairs (VA) examination states that the Veteran was diagnosed with esophageal cancer.  The VA physician concluded that, "after reviewing all available medical records and interviewing the patient, it is my opinion and that I believe that the patient's claimed esophageal cancer is as likely as not is due to the long term use of the painkillers causing him to have GERD that eventually turned in to esophageal cancer."

The Veteran has been diagnosed with esophageal cancer.  A VA physician has concluded that the esophageal cancer is related to the service connected GERD.  The record is in at least equipoise as to whether the diagnosed esophageal cancer is due to the service connected GERD.  Upon resolution of all reasonable doubt in the Veteran's favor the Board of Veterans' Appeals concludes that service connection for esophageal cancer due to the service connected GERD is warranted.  38 U.S.C. § 5107; 38 C.F.R. § 3.102.

 

J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K.R. Kardian, 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.