Citation Nr: 21041477 Decision Date: 07/09/21 Archive Date: 07/09/21 DOCKET NO. 15-03 555A DATE: July 9, 2021 REMANDED Entitlement to service connection for irritable bowel syndrome (IBS), to include as due to undiagnosed illness, is remanded. Entitlement to service connection for respiratory symptoms, to include as due to an undiagnosed illness, is remanded. REASONS FOR REMAND The Veteran served on active duty from November 2001 to July 2002 and June 2004 to May 2006. He served in Iraq from November 2004 to October 2005. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2013 and October 2014 rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO). This matter was last before the Board in June 2018, when it was remanded for further development. 1. Entitlement to service connection for IBS, to include as due to undiagnosed illness is remanded. The Veteran contends that he suffers from chronic diarrhea and abdominal cramping which he claims developed during his deployment to Iraq. The Veteran has been diagnosed with colitis. The claim was remanded to address whether the Veteran's colitis diagnosis suggests IBS or has a different pathology. In accordance with the remand directives, a VA examination and opinion was obtained in May 2020. Nevertheless, that opinion is not fully responsive to the remand directives. Specifically, the examiner opined the condition was less likely than not related to an in-service event, injury or illness, and provided the rationale in part that the Veteran was not diagnosed until after service. As the Veteran has reported symptoms contemporaneously regarding diarrhea during his tour in Iraq, the rationale is inadequate. The Board regrets the additional delay but finds that a remand is warranted for substantial compliance with its prior remand. See Stegall v. West, 11 Vet. App. 268, 271 (1998). 2. Entitlement to service connection for respiratory symptoms, to include as due to an undiagnosed illness is remanded. The Veteran contends that he has a respiratory condition due to exposure to sand and dust, and proximity to burn pits. He describes struggling with breathing problems since he was in Iraq. He describes them as "breathing heavy" and having "sudden and violent coughing fits that are extremely painful and can last for very long durations." In accordance with the remand directives, an examination was obtained in May 2020. The examiner diagnosed asthma but did not provide an opinion because "during the examination there was no objective evidence the Veteran had the claimed respiratory conditions and chronic cough." The Board regrets the additional delay but finds that a remand is warranted for substantial compliance with its prior remand. See Stegall, 11 Vet. App. at 271. The matters are REMANDED for the following action: 1. Ask the Veteran to provide the names and addresses of all medical care providers who have treated him for his gastrointestinal and respiratory condition. After securing any necessary releases, request any relevant records identified. Updated VA treatment records should also be obtained. If any requested records are unavailable, the Veteran and his representative should be notified of such. 2. After records development is completed, obtain a medical opinion from a qualified examiner with respect to the Veteran's claim for service connection for IBS and respiratory condition. After review of the claims file, the examiner should address the following: (a.) Whether it is at least as likely as not (50 percent or greater probability) that the Veteran's current colitis is etiologically related to or caused by service to include reported symptoms regarding diarrhea during his tour in Iraq. Please explain why or why not. (b.) Whether it is at least as likely as not (50 percent or greater probability) that the Veteran's current asthma is etiologically related to or caused by service to include as due to due to exposure to sand and dust, and proximity to burn pits. Please explain why or why not. 3. If the claim remains denied, issue a supplemental statement of the case. K. A. BANFIELD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Asare, 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.