Citation Nr: 22040147
Decision Date: 07/13/22	Archive Date: 07/13/22

DOCKET NO. 15-13 920
DATE: July 13, 2022

REMANDED

Entitlement to an initial rating in excess of 30 percent for peptic ulcer is remanded.

REASONS FOR REMAND

The Veteran served in the United States Army from September 1988 to July 1996.

This matter comes before the Board of Veterans' Appeals (Board) on appeal of a March 2013 rating decision from a Department of Veterans Affairs (VA) Regional Office (RO).

This matter was previously before the Board in November 2018, when it was remanded for further development. It was also before the Board in March 2021, at which time the Board denied the claim. Subsequently, the Veteran appealed the aforesaid decision to the United States Court of Appeals for Veterans Claims (Court). 

In a February 2022 Joint Motion for Remand (JMR), the parties noted that the 40 percent rating criteria under Diagnostic Codes 7304-7305 is warranted for moderately severe ulcers that are less than severe but with impairment to health manifested by anemia and weight loss; or recurring incapacitating episodes averaging 10 days or more in duration at least for or more times a year. The parties then found that all VA examinations of record are inadequate because no examination tested the Veteran for anemia, nor did any examination properly account for potential weight loss. Thus, the Court vacated the Board's decision and remanded the matter to the Board, instructing the Board to obtain a new VA examination. Therefore, remand is necessary in order to obtain a new examination that addresses potential anemia and weight loss.

Accordingly, this matter is REMANDED for the following action:

Schedule the Veteran for an examination with a qualified examiner in order to determine the severity of the Veteran's peptic ulcer throughout the period on appeal. The complete claims file should be available to and reviewed by the examiner. All indicated tests and studies should be completed.

The examiner must specifically address whether the Veteran has or had anemia or weight loss at any point during the appeal period. If such is found, the examiner must specifically discuss whether these conditions are related to his peptic ulcers. The examiner must specifically discuss the  April 2021 letter from the Veteran's private treating physician indicating that the Veteran has a history of hypertension and mild anemia. 

 

Caroline B. Fleming

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Gabrielle Ongies, 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.