Citation Nr: 21027361
Decision Date: 05/05/21	Archive Date: 05/05/21

DOCKET NO. 18-04 850
DATE: May 5, 2021

REMANDED

Entitlement to a rating in excess of 10 percent for hiatal hernia with distal esophagitis.

Entitlement to a total disability rating due to individual unemployability (TDIU).

REASONS FOR REMAND

The Veteran had active duty from November 1988 to November 1991.  

In March 2021, the Veteran testified before the undersigned Veterans Law Judge.  A copy of the transcript has been associated with the claims file.  At the hearing, he described more severe symptoms than noted at the most recent VA examination in June 2016.  Therefore, a remand is needed to schedule an examination to assess the current severity of the hiatal hernia.  

In addition, the Veteran stated that he had applied for, and been granted, disability benefits from the Social Security Administration (SSA).   Records associated with the application for, and grant of, these benefits are not of record, but as they may be pertinent to the instant appeal, VA has a duty to obtain them.  See Murincsak v. Derwinski, 2 Vet. App. 363, 373 (1992).  Accordingly, the appeal is remanded so these records may be requested.

The matters are REMANDED for the following actions:

1. Obtain and associate with the claims file all outstanding, relevant treatment notes, including those associated with the Veteran's application for disability benefits from the SSA.

2.  Schedule the Veteran for an examination with an appropriate clinician to assess the current nature and severity of his hiatal hernia.  The claims file must be made available to the examiner in conjunction with the examination.  All indicated tests and studies should be conducted.

3. Once all additional evidence has been obtained, readjudicate the claims.  If the schedular criteria for a TDIU are not met, determine whether referral of the TDIU claim to the Director, Compensation Service, for extra-schedular consideration is warranted.

 

L. HOWELL

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.