Citation Nr: 21021950
Decision Date: 04/14/21	Archive Date: 04/14/21

DOCKET NO. 15-35 310
DATE: April 14, 2021

ORDER

Service connection for a stomach condition, to include gastroesophageal reflux disease (GERD) and chronic gastritis, is granted.

FINDING OF FACT

Affording the Veteran the benefit of doubt, the evidence of record is evenly balanced for and against (“equipoise”) finding that his currently diagnosed GERD and chronic gastritis had their onset during active duty and have persisted since that time. The Veteran provided competent and credible testimony at his March 2019 Board hearing that he has had the same symptoms since a wax remover incident in service. [The Board cannot afford the March 2020 negative causal link opinion significant probative weight because the examiner failed to address the Veteran’s lay statements in the opinion and rationale. 

CONCLUSION OF LAW

The criteria have been met for service connection for a stomach condition, to include gastroesophageal reflux disease (GERD) and chronic gastritis. 38 U.S.C. §§ 1101, 1112, 1113, 1131, 1137, 5107(b) (2018); 38 C.F.R. §§ 3.102, 3.303, 3.304, 3.307, 3.309 (2020); see Jandreau v. Nicholson, 492 F.3d 1372, 1377 (2007) (explaining that lay persons are qualified to report observable symptoms and medical events but not to provide medical opinions about complex medical questions).]

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from January 1974 to March 1974. These matters are before the Board of Veterans’ Appeals (Board) on appeal from an October 2011 Rating Decision by the San Juan, Puerto Rico Department of Veterans Affairs (VA) RO. In March 2019, a hearing was held before the undersigned Veterans Law Judge and a transcript of the hearing is associated with the record.

In August 2019, the Board remanded the claim for further development.

For the reasons outlined in more detail above in the Findings of Fact section, the appeal for service connection for a stomach condition (include GERD and chronic gastritis) on the merits, is granted.

 

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Williams, Associate 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.