GERD (acid reflux) decisions — 2007

The Board denied the veteran's claims for service connection for bilateral hearing loss disability, tinnitus, gastroesophageal reflux disease (GERD), hypertension, and degenerative joint disease of the right shoulder. The evidence did not support a finding that these conditions were incurred in or aggravated by service.

The veteran's claims for service connection for headaches, anxiety, muscle pain, joint pain, asthma (claimed as fatigue), skin condition, sleep disturbance, and upper respiratory disorder are all denied. The evidence does not support a finding that these conditions were incurred or aggravated by active service.

The veteran's PTSD was granted an initial evaluation of 70 percent for the period from August 28, 2003 to June 18, 2004. For GERD and skin disability of the left foot, VA examinations are needed to determine if these conditions are related to service.

The Board denied service connection for tongue tremors, GERD and stomach pains, right renal cyst, and nausea and bladder spasms as not incurred or aggravated by active military service.

The Board has determined that the veteran's hiatal hernia and GERD were not incurred in or aggravated by active service, and his left foot disability was not shown to be related to service. Therefore, both claims for service connection are denied.

The veteran's claims for initial compensable evaluations for GERD, left shoulder impingement, right wrist tendonitis, and shortening of the left lower extremity were denied. The RO evaluated his GERD as 0 percent disabling under DC 7346 by analogy to a hiatal hernia.

The veteran's appeal is being remanded for additional examinations and the obtaining of relevant VA treatment records.

The Board has determined that a VA examination is needed to assess the relationship between the veteran's current gastroesophageal reflux disease with Barrett's syndrome and his service, including any medication used for back pain.

The veteran's claims for earlier effective dates for service connection were denied as there is no evidence showing a pending claim in April 1973 related to gastroesophageal reflux disease, right foot disorder, and status-post removal of chalazion and pterygium prior to May 15, 1996.

The Board denied the veteran's claims for earlier effective dates for his increased rating and service connection, finding that neither claim had an ascertainable increase in severity prior to March 26, 2004.

The veteran's claims for increased ratings for PTSD, service connection for hypertension and GERD secondary to PTSD were denied by the RO.

The Board has granted service connection for a hiatal hernia with gastroesophageal reflux disorder (GERD) and found that the veteran's seizure disorder warrants a 10 percent rating. The effective date is not specified as it was already in effect.

The Board found that the veteran does not currently have a deviated nasal septum or sinusitis, and there is no clear and unmistakable evidence showing his pre-existing rhinitis was aggravated by service. The Board also determined that gastroesophageal reflux disease and non-ulcerating dyspepsia are not related to service.

The Board has determined that the veteran meets the criteria for special monthly pension based on his need for regular aid and attendance, as evidenced by his inability to perform many daily functions unassisted.

The veteran's gastroesophageal reflux disease is currently rated at 10 percent, but does not meet the criteria for a higher rating.,The veteran's right ankle sprain with swelling is currently rated at 10 percent, and also does not meet the criteria for a higher rating.

The Board found that the veteran does not have post-traumatic stress disorder and denied service connection for gastroesophageal reflux disorder. The evidence did not establish a direct link between current symptoms and service.

The veteran's claim for an initial rating in excess of 10 percent for hiatal hernia with gastroesophageal reflux disease with residuals of removal of gallbladder is being remanded due to the need for additional medical examination and records.

The Board has determined that the reduction in evaluation from 30 percent to zero percent disabling for kidney stones was improper. The veteran's GERD, headaches, Raynaud's syndrome, right carpal tunnel syndrome, and dermatophytosis of the hands and subungual tinea of the right ring finger were not granted higher initial evaluations.

The Board has determined that additional development is needed to properly assess the severity of the veteran's service-connected diabetes and to determine the nature and etiology of several other claimed disabilities. The case will be returned to the RO for further action.

The Board has determined that the veteran's PTSD is directly caused by his military service and grants service connection for PTSD. The stomach disorder claim will be remanded to further develop evidence regarding its secondary relationship to PTSD.