Citation Nr: 21013355
Decision Date: 03/09/21	Archive Date: 03/09/21

DOCKET NO. 10-47 078
DATE: March 9, 2021

REMANDED

Entitlement to an initial disability rating greater than 10 percent for hiatal hernia with gastroesophageal reflux disease (GERD), to include on an extraschedular basis is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the U.S. Navy from June 1953 to July 1972.

Entitlement to an initial rating greater than 10 percent for hiatal hernia with GERD, to include on an extraschedular basis is remanded.

Review of the claims file reflects that the Veteran last underwent a VA examination assessing the severity of his hiatal hernia and GERD in February 2016, over five years ago.  In a February 2021 statement, the Veteran’s representative argued that a new VA examination should be provided, as the February 2016 VA examination was too remote in time and the Veteran’s hiatal hernia and GERD may have worsened.  Accordingly, the Veteran should be provided with a new VA examination to assess the current severity of his hiatal hernia and GERD.  Palczewski v. Nicholson, 21 Vet. App. 174 (2007); Weggenmann v. Brown, 5 Vet. App. 281, 284 (1993); Caffrey v. Brown, 6 Vet. App. 377, 381 (1994) (finding that the Board should have ordered a contemporaneous examination of veteran because a 23-month old exam was too remote in time to adequately support the decision in an appeal for an increased rating); see also 38 C.F.R. § 3.326(a).

The matters are REMANDED for the following action:

Schedule the Veteran for a VA examination to assess the severity of his hiatal hernia with GERD.  The claims file should be reviewed by the examiner.  All necessary tests should be performed, and the results reported.  All symptomatology associated with the Veteran’s hiatal hernia with GERD should be reported.

 

 

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.