Citation Nr: 22012248
Decision Date: 03/03/22	Archive Date: 03/03/22

DOCKET NO. 17-39 985
DATE: March 3, 2022

REMANDED

Entitlement to service connection for gastroesophageal reflux disease (GERD) is remanded. 

The petition to reopen a claim of entitlement to service connection for a low back condition is remanded.

Entitlement to service connection for a stomach condition to include bleeding is remanded.

Entitlement to service connection for a left shoulder condition is remanded. 

Entitlement to service connection for an acquired psychiatric disability to include a mental health disability is remanded.

REASONS FOR REMAND

The Veteran had active service from February 2003 to September 2003. 

These matters come to the Board of Veterans' Appeals (Board) on appeal from a August 2016 and a June 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

1. Entitlement to service connection for gastroesophageal reflux disease (GERD). 

2. The petition to reopen the claim of entitlement to service connection for a low back condition.

3. Entitlement to service connection for a stomach condition to include bleeding.

4. Entitlement to service connection for a left shoulder condition. 

5. Entitlement to service connection for an acquired psychiatric disability to include a mental health disorder.

The Veteran asserts that his claimed disabilities are related to service. 

The Board observes that with respect to the issues of service connection for GERD, a stomach condition, a left shoulder condition, and a low back condition, the last Statement of the Case (SOC) was issued in July 2017. The Board also observes that the last SOC was issued in April 2019 with respect to the issue of a mental health condition. The appeals of all of the Veteran's above-claimed issues were certified to the Board in July 2019. See BVA Letter Received July 2019. Pertinent, additional evidence has been added to the record between issuance of both the July 2017 and April 2019 SOCs and certification of the appeals to the Board. Specifically, VA and private treatment records post-dating the issuance of both SOCs were associated with the claims file in November 2018 and June 2019. 

The Board notes that the AOJ will furnish the appellant and his or her representative, if any, a Supplemental Statement of the Case (SSOC) if the AOJ receives additional pertinent evidence after a Statement of the Case or the most recent SSOC has been issued and before the appeal is certified to the Board and the appellate record is transferred to the Board. 38 C.F.R. § 19.31(b). The record does not show that the AOJ has readjudicated the above-referenced claims taking into consideration the additional translated medical treatment records as well as subsequent treatment records on these matters. Therefore, remand of the issue of entitlement to service connection for the issues of GERD, a stomach condition, a left shoulder condition, and a mental health disability, as well as reopening the claim of service connection for a low back disability, is warranted so the Veteran and his representative can be furnished a SSOC considering the relevant evidence received since the July 2017 and April 2019 SOCs respectively.

The matters are REMANDED for the following action:

1. Readjudicate the claims on appeal to include the issues of entitlement to service connection for the issues of GERD, a stomach condition, a left shoulder condition, a mental health disability, as well as the petition to reopen a claim of service connection for a low back disability. Consideration must be given to all of the evidence of record, to specifically include evidence associated with the record after the July 2017 and April 2019 SOCs were issued.  If any of the claims are denied, issue an SSOC as required by 38 C.F.R. § 19.31 and allow the applicable time for response. Then, return the appeal to the Board.

 

 

Tiffany Dawson

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Dorsey-Kwansa, 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.