Citation Nr: 21042842
Decision Date: 07/14/21	Archive Date: 07/14/21

DOCKET NO. 17-29 108
DATE: July 14, 2021

REMANDED

Entitlement to a rating higher than 10 percent for gastroesophageal reflux disease (GERD) is remanded.

Entitlement to a total disability rating based on individual unemployability (TDIU)  due to service connected disabilities is remanded. 

REASONS FOR REMAND

The Veteran served on active duty from April 2007 to April 2011.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a  February 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  

The Veteran testified at a hearing before the undersigned Veterans Law Judge in July 2021.  This case is being remanded under VA's One Touch initiative; a transcript of the hearing will be associated with the claims file at a later date. 

 

1. Entitlement to a rating higher than 10 percent for gastroesophageal reflux disease (GERD) is remanded.

At the July 2021 Board hearing, the Veteran stated that his GERD had worsened since the February 2015 VA examination.  Accordingly, the matter is remanded to arrange for a new examination to assess the current severity of his GERD.  See Palczewski v. Nicholson, 21 Vet. App. 174, 181-82 (2007); 38 C.F.R. § 3.327(a). 

2. Entitlement to TDIU is remanded.

If the claimant or the record reasonably raises the issue of unemployability due to the disability or disabilities for which an increased rating is sought, then part and parcel of that claim is the issue of whether a TDIU is warranted.  Rice v. Shinseki, 22 Vet. App. 447, 453 (2009); see 38 C.F.R. § 4.16.  

The Veteran's July 2021 hearing testimony raised the issue of unemployability.  Therefore, the Board has taken jurisdiction of the issue of entitlement to TDIU.  See Rice, 22 Vet. App. at 453.

On remand, the Veteran should be asked to fill out and return a VA Form 21-8940 (Veteran's Application for Increased Compensation Based on Unemployability).  Then, after completing any additional development that may be indicated, the issue of entitlement to TDIU should be adjudicated by the agency of original jurisdiction.

The matters are REMANDED for the following action:

1. Obtain the Veteran's updated VA treatment records.

2. Arrange for a VA gastrointestinal examination to assess the current severity of the Veteran's GERD.  All indicated tests and studies should be performed, and all pertinent clinical findings recorded in the examination report.

3. Send the Veteran, and his representative, VA Form 21-8940 and request that he fill out and return the form to VA.  After he has completed and returned the form, or after an appropriate period of time for response has passed, and after conducting any additional development that may be indicated, adjudicate the issue of entitlement to TDIU.

 

 

P.M. DILORENZO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Rutkin, 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.