Citation Nr: 21006130 Decision Date: 02/03/21 Archive Date: 02/03/21 DOCKET NO. 17-11 110 DATE: February 3, 2021 REMANDED Entitlement to service connection for a gastrointestinal disorder is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Air Force from October 1999 to February 2003 and from February 2005 to March 2008. In a September 2019 decision, the Board denied the Veteran’s claim for entitlement to service connection for a gastrointestinal disorder. The Veteran appealed the Board’s decision to the U.S. Court of Appeals for Veterans Claims (Court). In a September 2020 Order, the Court granted a Joint Motion for Remand, vacating the Board’s September 2019 decision and remanding the issue to the Board for additional consideration. Entitlement to service connection for a gastrointestinal disorder is remanded. The Veteran contends that he has a functional gastrointestinal disorder that is related to active duty service in Southwest Asia. The Veteran has provided lay statements indicating that he had active duty service in the Southwest Asia theater of operations. Although the Veteran’s service personnel records have been associated with the claims file, they do not contain definitive evidence of service in Southwest Asia. Nevertheless, a September 2007 NATO travel order reflects that the Veteran was scheduled to fly from the United States to Turkey via Germany and Kuwait. Based on the Veteran’s lay statements of service in Southwest Asia and the travel order which suggests that the Veteran may have traveled to Kuwait, additional development is necessary to attempt to verify the Veteran’s reported service in Southwest Asia. Additionally, the Veteran should be provided with a VA examination to determine the nature and etiology of his current gastrointestinal symptoms. The Veteran’s service treatment records reflect that, in April 2007, he called in sick because he was throwing up. The post-service medical evidence contains various diagnoses including diarrhea, gastroenteritis, lactose intolerance, irritable bowel syndrome, and colitis. Additionally, the Veteran has provided lay statements that he has experienced gastrointestinal symptoms, including nausea and vomiting, continuously since active duty service. As the Veteran has not yet undergone a VA examination to assess the etiology of his gastrointestinal symptoms, a VA examination is warranted. 38 U.S.C. § 5103A(d)(2), 38 C.F.R. § 3.159(c)(4)(i); see also McLendon v. Nicholson, 20 Vet. App. 79, 83 (2006). The matters are REMANDED for the following action: 1. Undertake appropriate action, to include obtaining any outstanding service personnel records, contacting the U.S. Army and Joint Services Records Research Center (JSRRC), the National Archives, and/or any other appropriate entity, to attempt to verify the Veteran’s reported service in Southwest Asia. 2. Provide the Veteran with a VA examination by an appropriate physician to determine the etiology of his gastrointestinal symptoms. The Veteran’s claims file, all electronic records, and a copy of this remand must be reviewed by the examiner, and the examiner must state that this evidence was reviewed in the examination report. All pertinent symptomatology and findings must be reported in detail. All indicated tests and studies must be accomplished. Based upon a complete review of the evidence of record, the VA examiner must state whether the Veteran has a current diagnosis of a gastrointestinal disorder now or at any time during the claims period. If so, the examiner should provide an opinion as to whether it is at least as likely as not (i.e., a 50 percent probability or more) that the Veteran’s gastrointestinal disorder was caused or incurred as a result of the Veteran’s active duty service. A complete rationale for all opinions must be provided. The examiner must consider and discuss all pertinent evidence in the claims file, to include the Veteran’s lay statements regarding in-service and post-service symptomatology. Also, the examiner is advised that the Veteran is competent to report observable symptomatology. ANTHONY C. SCIRÉ, JR Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Katz, 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.