Citation Nr: 21026912
Decision Date: 05/04/21	Archive Date: 05/04/21

DOCKET NO. 17-46 917
DATE: May 4, 2021

REMANDED

Entitlement to a rating in excess of 10 percent for Barrett's esophagus with hiatal hernia is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1979 to June 1992. 

This matter arose to the Board of Veterans' Appeals (Board) from a January 2017 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO), which continued the previously-assigned 10 percent rating for the disability noted above. 

The Veteran testified in support of his claim during a virtual hearing held before the undersigned Veterans Law Judge (VLJ) in April 2021. The transcript of this hearing is not yet available. However, a transcript of the hearing will be added to the Veteran's file later, in the normal course of business.

Entitlement to an increased rating for Barrett's esophagus with hiatal hernia is remanded.

The Veteran last received a VA Compensation and Pension (C&P) examination for his Barrett's esophagus with hiatal hernia in December 2016. Since that time, it appears his symptoms have worsened. Specifically, at his April 2021 Board hearing, the Veteran reported ongoing symptoms of reflux, heartburn, coughing up blood and vomiting, regurgitation and sleep difficulties. In addition, the record shows the Veteran was admitted for a surgical procedure due to GERD in January 2020. The Board finds an updated examination is necessary to accurately capture the Veteran's current symptoms. See Green v. Derwinski, 1 Vet. App. 121, 124 (1991) (VA has a duty to provide the Veteran with a thorough and contemporaneous medical examination); Caffrey v. Brown, 6 Vet. App. 377, 381(1994) (an examination too remote for rating purposes cannot be considered "contemporaneous").

In addition, the Veteran testified that he was receiving ongoing treatment at VA medical facilities; however, the most recent VA medical records in the file date from July 2017. Updated records should be associated with the record on remand.

The matters are REMANDED for the following action:

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1. Obtain any outstanding VA medical records pertaining to the Veteran, to include records dating from July 2017 to the present.

2. Schedule the Veteran for an examination to determine the nature and severity of his Barrett's esophageal with hiatal hernia. The examiner is asked to review and discuss the Veteran's lay statements regarding his symptoms, to include his April 2021 testimony at his Board hearing, as well as updated VA medical records. Also discuss the Veteran's January 2020 surgery for GERD.

 

 

LESLEY A. REIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Ryan, 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.