Citation Nr: 22018969
Decision Date: 03/31/22	Archive Date: 03/30/22

DOCKET NO. 16-49 905
DATE: March 31, 2022

REMANDED

Entitlement to a rating in excess of 30 percent for gastroesophageal reflux disease (GERD) and hiatal hernia status post repair is remanded.

Entitlement to an effective date prior to February 3, 2015 for the assignment of a 30 percent rating for GERD and hiatal hernia status post repair is remanded.

Entitlement to a temporary total rating for convalescence following surgeries in February 2016 and June 2016 is remanded.

REASONS FOR REMAND

The Veteran had active service from July 1984 to January 2005. These matters are before the Board of Veterans' Appeals (Board) on appeal from a rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

In August 2019 the Veteran testified before the undersigned Veterans Law Judge (VLJ) at a video conference hearing.  A transcript of his testimony is of record.

These matters were last before the Board in August 2021, when they were remanded for additional development. 

1. Entitlement to a rating in excess of 30 percent for GERD and hiatal hernia status post repair is remanded.

2. Entitlement to an effective date prior to February 3, 2015 for the assignment of a 30 percent rating for GERD and hiatal hernia status           post repair is remanded.

3. Entitlement to a temporary total rating for convalescence following surgeries in February 2016 and June 2016 is remanded.

The evidence indicates there may be outstanding relevant VA treatment records.  A January 4, 2022 VA treatment records indicates that the Veteran was to return for follow up appointments on March 14, 2022 and March 21, 2022.  VA treatment records subsequent to January 12, 2022 have not been associated with the claims file.  A remand to obtain the outstanding records is required.  See Jones v. Wilkie, 918 F.3d 922, 926 (Fed. Cir. 2019) (stating the duty to assist is not discharged "based on a mere belief that the likelihood of finding a record substantiating a veteran's claim is 'low' or 'extremely low'").

The matters are REMANDED for the following action:

Ask the Veteran to provide the names and addresses of all medical care providers who have recently treated him for his claimed disabilities.  After securing any necessary releases, request any relevant records identified.  In addition, obtain updated VA treatment records dated   since January 12, 2022.  

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Anderson

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.