GERD (acid reflux) decisions — 2009

The Board has determined that the Veteran's tinnitus, bronchitis, and gastroesophageal reflux disease (GERD) are all service-connected. The decision grants these claims.

The Board has determined that the Veteran's current GERD is not etiologically related to service, and his right hip, shoulder, and knee disabilities are not proximately due to or the result of a service-connected disability.

The Veteran's service-connected GERD, status post Nissen fundoplication with hiatal hernia, is currently rated at 30 percent. The evidence does not support a higher rating as the symptoms do not meet the criteria for a 60 percent rating under Diagnostic Code 7346.

The Board found that the Veteran's GERD condition is not related to his active duty service and denied his claim for service connection.

The Board has remanded the issues of whether new and material evidence has been received to reopen a claim of entitlement to service connection for disability of the lumbosacral spine, entitlement to service connection for sleep disorder, and entitlement to an increased rating for hiatal hernia with gastroesophageal reflux disease. The Veteran's current hiatal hernia with GERD is currently rated as 30 percent disabling.

The service-connected cancer of the larynx has made worse the nonservice-connected gastroesophageal reflux disease to the extent that the Veteran has recurrent episodes of temporary loss of voice once to twice a month, establishing secondary service connection.

The Veteran's GERD with hiatal hernia is manifested by recurrent persistent epigastric distress, and the Board has granted a 30 percent disability rating for this condition.

The Veteran's claims for service connection for tinea pedis and tinea corporis have been granted. The claim for an initial compensable evaluation for hiatal hernia and gastroesophageal reflux has been remanded due to insufficient evidence.

The Veteran's GERD was not incurred in or aggravated by active service.

The Veteran's current GERD and diverticulosis are not considered to be related to his active duty service.

The Board has determined that the Veteran's GERD with hiatal hernia and chronic gastritis are service-connected, as they are related to his active military service. The stomach disability is also service-connected due to its relationship to medication used for other service-connected conditions.

The Board denied the Veteran's claim for service connection for a gastrointestinal disorder, including gastroesophageal reflux disorder, as secondary to his service-connected right and left knee disabilities.

The Veteran's appeal involves multiple conditions and issues, including lower back disability, gastroesophageal reflux disease, heart condition, hypertension, closed head injury residuals, hepatitis, syncope (fainting), bilateral hearing loss, tinnitus, and a psychiatric disability. The case is being remanded for further action.

The Board has determined that the appellant requires regular aid and attendance due to her physical disabilities, which necessitates assistance on a regular basis to protect herself from daily environmental hazards. The decision grants special monthly compensation for a surviving spouse based on need for regular aid and attendance.

The Veteran's service-connected dyspepsia and scar, left wrist have been granted initial evaluations of 10 percent each. The effective date for these ratings is November 1, 2004.

The Veteran was granted special monthly pension on account of the need for aid and attendance from November 19, 2004. The Board found that he met the criteria for A&A as of his claim date.

The Board has remanded the claims for diabetes mellitus, stomach disability, and low back disability due to additional development being needed.

The Veteran's left elbow disability and GERD have been granted service connection. The remaining issues are addressed in the remand section.

The Veteran's claims for effective dates prior to October 1, 2003 for the award of additional dependent compensation for R.B.B. and R.E.B., Jr. have been denied as there was no valid claim submitted within one year of these children's births.

The Board denied service connection for a sinus condition and residuals of a Hepatitis B infection, finding no current disabilities or evidence linking these conditions to active military service.