Citation Nr: A25002145 Decision Date: 01/08/25 Archive Date: 01/08/25 DOCKET NO. 240613-446997 DATE: January 8, 2025 REMANDED Entitlement to an increased initial rating in excess of 10 percent for esophageal cancer is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1970 to November 1976 with service in the Republic of Vietnam. This case comes before the Board of Veterans' Appeals (Board) on appeal of a May 2024 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran filed his timely VA Form 10182 Decision Review Request: Board Appeal and chose to have a hearing with a Veterans Law Judge (VLJ). The Veteran testified before the undersigned VLJ in an August 2024 hearing. Accordingly, the Board will consider the evidence of record at the time of the May 2024 rating decision, along with any evidence submitted by the Veteran and/or his representative within the permissible 90 days after the August 2024 Board hearing. 38 C.F.R. § 20.202. Entitlement to an increased initial rating in excess of 10 percent for esophageal cancer Under the AMA, the Board must remand to the AOJ to correct pre-decisional duty to assist errors (including when the AOJ failed to make reasonable efforts to obtain VA treatment records or relevant federal or private treatment records, failed to obtain a VA examination, or provided an inadequate VA examination or opinion). 38 C.F.R. § 20.802(a). The Veteran underwent an esophagectomy in 2007. The surgery required removal of half of the Veteran's stomach, part of his esophagus, and one rib. The Veteran has reported nausea after every meal. Since the surgery, the Veteran has been unable to work as a pump mechanic. The Veteran has complained of back pain to his VA providers, has been prescribed pain medication, and has undergone esophagus dilations. The Veteran was afforded a VA esophageal condition examination and opinion in March 2024. The examiner noted a diagnosis of esophageal cancer. The examiner indicated the Veteran does not have an esophageal stricture or spasms of the esophagus. The examiner noted the only other residual due to the neoplasm or treatment is nausea after every meal. Providing the Veteran with an inadequate examination is a pre-decisional duty to assist error. See Barr v. Nicholson, 21 Vet. App. 303 (2007) (once VA undertakes to provide a medical examination or opinion, ... it is the Board's duty to return an inadequate examination report "if further evidence or clarification of the evidence... is essential for a proper appellate decision"). Here, the March 2024 examiner did not address all of the Veteran's residuals due to his esophageal cancer. The examiner failed to address the rib removal and prior dilations of the Veteran's esophagus. Thus, remand is required to correct this pre-decisional duty to assist error in providing an inadequate examination. The matter is REMANDED for the following action: Schedule the Veteran for a VA esophageal condition examination to determine the current severity of his service-connected esophageal cancer residuals. The Veteran's claims file, including a copy of this REMAND, must be made available to and reviewed by the examiner in conjunction with the examination. The examiner must note in the examination report the evidence in the claims file has been reviewed. The examiner should describe the severity, frequency, and duration of all symptoms associated with the Veteran's service-connected esophageal cancer residuals. Christopher Seppanen Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Hetman 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.