Citation Nr: 22044686 Decision Date: 08/08/22 Archive Date: 08/08/22 DOCKET NO. 14-42 167 DATE: August 8, 2022 REMANDED Entitlement to a disability rating in excess of 10 percent, and in excess of 50 percent from April 29, 2016, for posttraumatic stress disorder (PTSD) (previously rated as adjustment disorder with depressed and anxious mood) is remanded. Entitlement to service connection for a gastrointestinal disability secondary to the service-connected acquired psychiatric disorder is remanded. REASONS FOR REMAND The Veteran and his wife testified before the undersigned Veterans Law Judge in April 2016. In September 2018, the claim for an increased disability rating for PTSD was remanded for further development. During the June 2019 VA review PTSD examination, the Veteran reported he received treatment at the Vet Center in 2017. The Veteran's Omaha VA Medical Center treatment records also indicate Vet Center treatment since 2017. See December 2019 Secure Messaging note; March 2018 OEF/OIF Individual Session note. A remand is required to allow VA to request these potentially relevant records. In his January 2014 claim and accompanying statement, the Veteran reported VA treatment since 2008. Although the agency of original jurisdiction (AOJ) confirmed VA treatment records dated prior to December 2008 do not exist, the evidence of record does not contain VA treatment records dated between the December 2008 VA examination report and November 2013. Accordingly, it is unclear whether VA treatment records exist within the one-year period prior to the Veteran's December 2013 intent to file a claim. See 38 C.F.R. § 3.400(o). On remand, the AOJ should obtain any outstanding VA treatment records. The evidence of record indicates the Veteran's gastrointestinal complaints may be complications of his anxiety and/or PTSD. See, e.g., July 2014 wife statement; June 2014 VA gastroenterology outpatient note; June 2014 VA OEF/OIF Individual Session note; December 2013 VA OEF/OIF assessment note. Accordingly, the Board finds the issue of entitlement to service connection for a gastrointestinal disability as secondary to the service-connected acquired psychiatric disorder is also before the Board. See 38 C.F.R. § 3.155(d)(2); Bailey v. Wilkie, 33 Vet. App. 188 (2021). The Veteran's VA treatment records and a May 2014 statement from the Veteran's wife indicate he received private gastrointestinal treatment during the appeal period. Further, a March 2014 VA gastroenterology outpatient note indicates Nebraska Surgery Center records were scanned and associated with the Veteran's VA treatment records. On remand, the AOJ should undertake appropriate development to obtain these records. The Veteran should also be afforded a VA examination to determine the nature and etiology of his gastrointestinal disability. The matters are REMANDED for the following action: 1. Obtain the Veteran's VA treatment records for the periods from December 2008 to November 2013, and December 2019 to the present. Also obtain the March 2014 Nebraska Surgery Center records scanned and associated with the Veteran's VA treatment records. 2. Obtain the Veteran's Vet Center treatment records from 2017 to the present. 3. Ask the Veteran to complete a VA Form 21-4142 for any non-VA treatment related to his gastrointestinal complaints from December 2013 to the present. Make two requests for the authorized records from each identified provider, unless it is clear after the first request that a second request would be futile. If private records are identified, but not obtained, the RO must notify the Veteran of (1) the identity of the records sought, (2) the steps taken to obtain the records, (3) that the claim will be adjudicated based on the evidence available, and (4) that if the records are later obtained, the claim may be readjudicated. 4. After the above development has been completed, schedule the Veteran for an examination by an appropriate clinician to address the nature and etiology of the Veteran's gastrointestinal disability. After a review of the claims file, and interview and examination of the Veteran, the examiner is asked to respond to the following inquiries: a) Identify with specificity any gastrointestinal disability that is currently manifested, or that has been manifested at any time since December 2013. b) For each identified disability, is it approximately as least as likely as not that the gastrointestinal disability is caused OR aggravated by the Veteran's service-connected acquired psychiatric disorder? Aggravation means a worsening beyond the natural progression of the disability. The examiner should address the July 2014 contentions of the Veteran's wife that he suffers from upset stomach issues from his anxiety, as well as the Veteran's December 2013 and June 2014 VA treatment records indicating PTSD/anxiety are a potential contributing factor to the Veteran's chronic nausea, and gastrointestinal problems can be related to PTSD. ROBERT C. SCHARNBERGER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. M. Cooney, 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.