Citation Nr: 21023316
Decision Date: 04/20/21	Archive Date: 04/20/21

DOCKET NO. 16-25 146
DATE: April 20, 2021

REMANDED

Entitlement to service connection for pancreatitis as secondary to service-connected disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 1970 to April 1974.  

In January 2019, the Board issued a decision that, in pertinent part, denied service connection for pancreatitis as secondary to service-connected diabetes mellitus, type II.  The Veteran appealed that decision to the United States Court of Appeals for Veterans Claims (Court), and the Board’s decision was vacated pursuant to a June 2020 Order, following a Joint Motion for Partial Remand (JMR) by the parties.  

Entitlement to service connection for pancreatitis as secondary to a service-connected disability is remanded.

In the June 2020 JMR, the parties found that the Board erred by failing to provide an adequate statement of reasons or bases to support its finding that VA’s duty to assist had been satisfied.  Specifically, it was noted that VA medical opinions had been obtained in December 2013 and April 2016, and although both addressed the question of whether the Veteran’s pancreatitis could be caused by or related to service-connected diabetes mellitus, type II, and the medications prescribed for that disability, neither opinion addressed whether the diabetes mellitus, type II, or its medication had aggravated/worsened the Veteran’s pancreatitis.  

Moreover, the parties to the June 2020 JMR also agreed that the Board failed to address whether the April 2016 VA medical opinion was based on an accurate factual premise.  In this regard, the examiner had found that the Veteran had “acute pancreatitis in June 2012” and “one acute case of pancreatitis with no recurrence,” and concluded that the Veteran “[did] not have chronic pancreatitis.”  However, it is noted that VA treatment records show that in January 2013, the Veteran was reported to have “[p]ancreatitis for 6-8 months.  Chronic pancreatitis”; in November 2013, the Veteran was noted to have a history of chronic pancreatitis; and in October 2014, the Veteran reported having a “recent episode of pancreatitis.” 

In light of the foregoing, an addendum medical opinion is necessary.  

The matter is REMANDED for the following action:

Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s pancreatitis is at least as likely as not proximately due to OR aggravated beyond its natural progression by the following service-connected disabilities: diabetes mellitus, type II, coronary artery disease, prostate cancer, or any medications taken for those disabilities.

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In responding to the above opinion request, the clinician should review the Veteran’s claims file, including this remand.  The clinician should also review and consider the Veteran’s treatment records, which are already in the claims file, and all medical opinions already of record.  A rationale must be included for all opinions expressed.  If the examiner determines that any requested opinion may not be provided without a physical examination of the Veteran, such should be arranged.

 

 

A. ISHIZAWAR

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Joseph P. Gervasio

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.