GERD (acid reflux) decisions — 2010

The Veteran's service-connected disabilities do not preclude him from obtaining and retaining substantially gainful employment.

The Veteran's GERD and IBS are rated at 10 percent prior to November 8, 2007. Effective November 8, 2007, the Veteran is granted a combined rating for both conditions at 30 percent. The case is remanded due to issues with effective date determination and consideration of direct service connection.

The Veteran's GERD and skin cancer are found to have onset in service, warranting service connection. The lumbar and cervical spine disabilities are not found to be related to service.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the Veteran's asbestosis is not related to active service, his gastroesophageal reflux disease does not meet criteria for a higher rating, and his varicose veins of both legs do not meet criteria for a higher rating since July 10, 2001. His hemorrhoids were also found not to warrant a compensable rating.

The Board has determined that new and material evidence has been received sufficient to reopen the previously denied service connection claim for reflux esophagitis. The issue of whether service connection is warranted for this disorder (now claimed as GERD) will be addressed in a separate decision.

The Board has granted a 20 percent rating for residuals of peptic ulcer disease with gastroesophageal reflux disorder, and denied an increased rating for residuals of fracture of the proximal aspect of the right 5th metatarsal.

The Veteran's GERD is found to be proximately due to or the result of his service-connected back strain and degenerative disc disease of the lumbar spine. The Veteran's low back disability does not meet the criteria for a rating in excess of 20 percent.

The Veteran's disabilities, while numerous and severe, do not render an average person unable to follow substantially gainful employment. The Board finds that the Veteran is not permanently and totally disabled as a result of any disability.

The Veteran's service-connected disabilities do not meet the criteria for financial assistance in the purchase of an automobile and adaptive equipment or for specially adapted housing.

The Board found that there is no evidence of a direct relationship between the Veteran's current lung disability and his military service, thus denying the claim for service connection.

The Veteran's appeal is being remanded due to his inability to attend a scheduled hearing. The issues of service connection for an acquired psychiatric disorder, digestive disorder (GERD), and coronary artery disease are still pending.

The Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment, and the Board finds that TDIU is warranted.

The Veteran's claim for an increased rating for gastroesophageal reflux disease (GERD) was denied as his symptoms did not meet the criteria for a higher evaluation.

The Board has reopened the claim of service connection for deviated nasal septum and granted it. The other issues were denied.

The Veteran's claims for service connection were denied. The Veteran was granted a non-compensable evaluation for his hearing loss in the right ear, but his claim for an initial compensable rating for his hearing loss in the left ear remains denied.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is denied as the earliest factually ascertainable date that he was unable to secure or follow substantially gainful employment due to his service-connected disabilities was June 14, 2005.

The Veteran's claims for increased ratings for degenerative joint disease of the left and right knees, esophageal stricture, and hiatal hernia with gastroesophageal reflux disease were granted. The Veteran was assigned a 10 percent rating each for his knees and a 30 percent rating for his esophageal stricture and a 10 percent rating for his hiatal hernia.

The Board has denied the Veteran's claims for service connection for skin disability/skin problems and stomach condition/gastrointestinal symptoms, finding that these conditions are not related to his active duty service.

The Board has granted service connection for depression, reopening the previously denied claim. The Veteran's sleep apnea and GERD are found to be related to his service-connected conditions.

The Board has determined that the Veteran does not have a current diagnosis of GERD and therefore, service connection for this condition is denied.