Citation Nr: 21030409
Decision Date: 05/18/21	Archive Date: 05/18/21

DOCKET NO. 11-10 368
DATE: May 18, 2021

REMANDED

Entitlement to service connection for endometriosis (claimed as menorrhagia), to include as due to birth control pills and uterine fibroids is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1993 to January 1999. 

This case was previously denied by the Board of Veterans' Appeals (Board) in September 2018. The Veteran appealed that decision and in August 2019 the matters were remanded back to the Board from the United States Court of Appeals for Veterans Claims (Court) subject to a Joint Motion for Partial Remand (JMR) filed by the parties. When this case was last before the Board in February 2021, it was remanded for additional development. The case has now been returned to the Board for further appellate consideration.

Unfortunately, there has not been substantial compliance with the Board's previous remand directives regarding service connection for menorrhagia; thus, another remand is required. Stegall v. West, 11 Vet. App. 268, 271 (1998). Specifically, the examiner was asked to consider the January 2020 private opinion in which the examiner opined that the Veteran's endometriosis developed without detection during active duty and worsened with the continued use of birth control pills. While the examiner discussed a March 2012 private opinion, the January 2020 opinion was not specifically discussed. As such, a remand for an addendum opinion is warranted.  

The matters are REMANDED for the following action:

Obtain an addendum opinion from the examiner who provided the February 2021 VA examination, or another appropriate medical professional if the examiner is unavailable. The examiner should answer the following:

Is it at least as likely as not (50 percent or greater probability) that the Veterans menorrhagia was incurred in or caused by the Veteran's active service, to include the use of birth control pills?

In proffering this opinion, the examiner should address the January 2020 private opinion (labelled "Medical Treatment Record - Non-Government Facility"  uploaded 2/13/20).

 

 

CHRISTOPHER A. WENDELL

Acting Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.