Citation Nr: 21042419 Decision Date: 07/13/21 Archive Date: 07/13/21 DOCKET NO. 18-31 102 DATE: July 13, 2021 REMANDED Entitlement to service connection for gastroesophageal disease (GERD), including as secondary to reactive airway disease, is remanded. Entitlement to a disability rating in excess of 30 percent for reactive airway disease is remanded. Entitlement to a total disability rating based upon individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served active duty in the Marines from July 1994 to January 1997. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in February 2015. 1. GERD The Veteran asserts that his GERD is related to an incident while in service where he was in a fire and inhaled smoke and fire extinguisher chemicals. At his February 2021 hearing, he stated that he did not have reflux symptoms until after the accident. He also stated that his doctors have told him that people with breathing problems can develop GERD. The Veteran has not been afforded a VA examination for his GERD, and the record as it stands is not sufficient for the Board to decide the claim. A VA examination and etiology opinion is needed for the Veteran's GERD. 2. Reactive Airway Disease At his February 2021 Board hearing, the Veteran asserted that his reactive airway disease symptoms have increased in severity since he was last examined by VA in September 2019. He said he now has daily shortness of breath, sometimes wheezes and coughs, and must use inhalers daily. His most recent pulmonary function test (PFT) is from September 2019. The Veteran should be provided an opportunity to report for a new VA examination to ascertain the current severity and manifestations of his reactive airway disease. 3. TDIU The Veteran also raised the issue of TDIU in his February 2021 hearing testimony when he stated that his symptoms preclude a return to work. When entitlement to a TDIU is raised during the adjudicatory process of the underlying increased rating claim, it becomes part of the claim for benefits for the underlying disability. Rice v. Shinseki, 22 Vet. App. 447 (2009). As the matter of entitlement to service connection for GERD and an increased rating for reactive airway disease may have a substantial effect on the merits of his claim for a TDIU, the claim for a TDIU is inextricably intertwined and remanded with the Veteran's service connection and increased rating claims. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (two issues are "inextricably intertwined" when they are so closely tied together that a final Board decision cannot be rendered unless both issues have been considered); see also Tyrues v. Shinseki, 23 Vet. App. 166, 178 (2009). Additionally, the Veteran should be asked to complete a VA Form 21-8940 (Veteran's Application for Increased Compensation Based on Unemployability) to provide VA with employment, salary, and educational information. The matters are REMANDED for the following actions: 1. Schedule the Veteran for an examination for his claimed GERD. The entire claims file and a copy of this remand must be made available to the examiner for review. Although an independent review of the claims file is required, the Board calls the examiner's attention to the Veteran's February 2021 hearing testimony, where he asserts that inhaling smoke and fire extinguisher fumes caused his GERD, and alternatively that his service-connected breathing problems caused or aggravated his GERD. The examiner must provide opinions as to the following: a. Whether it is at least as likely as not (50 percent or greater probability) that the Veteran's GERD began during active service, or is related to an incident of service, b. Whether it is at least as likely as not that the Veteran's GERD was proximately due to or the result of his service-connected reactive airway disease. c. Whether it is at least as likely as not that the Veteran's GERD was aggravated beyond its natural progression by his service-connected reactive airway disease. The examiner must provide a complete rationale for his or her opinion(s) in the examination report. If any of the above requested opinions cannot be made without resort to speculation, the examiner must state this and provide an explanation as to why. 2. Schedule the Veteran for an examination with an appropriate clinician to determine the current severity of his reactive airway disease. The entire claims file and a copy of this remand must be made available to the examiner for review. The Veteran should be provided with a PFT unless the clinician finds that it is not appropriate, in which case the clinician should explain why. All pertinent symptomatology and findings must be reported in detail. 3. Ask the Veteran to complete a VA Form 21-8940 (Application for Increased Compensation Based on Unemployability) to obtain relevant employment and income information. 4. After the above development, and any additionally indicated development has been completed, readjudicate the claims. If the benefits sought are not granted to the Veteran's satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond. If necessary, return the case to the Board for further appellate review. D. Martz Ames Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Kathleen M. Fiorillo, 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.