GERD (acid reflux) decisions — 2011

The Board has determined that the April 2010 VA examination report is inadequate and requires clarification regarding the Veteran's GERD and bowel spasms. The case is being remanded for further development, including a new VA examination to address her gastrointestinal complaints.

The Veteran's claim for service connection for a low back disability has been denied as new and material evidence was not submitted.,The Veteran's hiatal hernia with GERD is currently rated at 60 percent, the maximum rating available under Diagnostic Code 7346.

The Veteran's claims for residuals of a head injury and chest pain were denied as there is no evidence of current disability related to these conditions. The Veteran's headaches, bilateral plantar fasciitis, and hiatal hernia with esophagitis and gastroesophageal reflux disease (GERD) have been established but not higher than 10%.,The Veteran does not have residuals from his in-service head injury or chest pain. His headaches are service-connected but do not warrant a higher rating.

The Board has determined that the Veteran's death was caused by an accident, and not due to his service-connected conditions. However, as he had been rated totally disabled for over five years prior to his death, the claimant is entitled to Dependency and Indemnity Compensation (DIC).

The Board has denied the Veteran's claims for various conditions, including lumbar spinal stenosis, Adie's tonic syndrome (right eye), nasal deformity, GERD, keratosis, right trapezius muscle spasms (claimed as right shoulder pain), cervical strain, obstructive sleep apnea, thrombosed hemorrhoids, bladder disorder, prostate disorder, basal cell carcinoma, and diabetes mellitus, type II. The Board found that the evidence did not support service connection for any of these conditions.

The Veteran's claims for service connection have been reopened, but the Board has not yet determined whether new and material evidence supports a grant of service connection.,Service connection was previously denied for anaphylactic reaction due to lack of chronic disability. The recent medical opinion suggests a possible link between current symptoms and service.

The Board has remanded the Veteran's claim for further development due to incomplete medical records and the need to provide proper notice regarding the inability to obtain these records.

The Board has granted service connection for gastrointestinal residuals of H. pylori infection and peptic ulcer disease, finding that the evidence is in equipoise as to whether these conditions are etiologically related to service.

The Veteran's GERD has been rated at 10 percent since November 16, 2004. The claim for an increased rating is denied as the evidence does not show that his GERD warrants a higher evaluation under Diagnostic Code 7346. For major depressive disorder, the RO awarded a 50% rating effective December 14, 2007, but the associated VA treatment record from November 2007 to December 2007 is missing and must be obtained.

The Veteran's GERD is manifested by occasional chest pains, abdominal discomfort, and heartburn without vomiting, weight loss, dysphagia, hematemesis, melena, anemia or other symptom combinations productive of considerable impairment of health. The criteria for an initial evaluation to 10 percent have been met.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) is being remanded due to the need for further development, including an examination and consideration of additional service-connected disabilities.

The Board has determined that the reduction of the Veteran's service-connected gastroesophageal disease (claimed as hiatal hernia/acid reflux) from a 30 percent to a 10 percent evaluation was proper.

The Veteran's pre-existing GERD was not aggravated by his second period of active service, and the Board finds that he is not entitled to service connection for this disability.

The Veteran's appeal is being remanded for additional development, including obtaining private treatment records and scheduling a VA examination. The issues of increased rating for gallbladder removal with GERD, service connection for arthritis of the neck, shoulder, arms, and lung disorder are pending.

The Board has determined that the Veteran's GERD with hiatal hernia and allergic rhinitis with post-nasal drip were aggravated by his service, warranting service connection.

The Veteran's claim for a permanent and total disability rating for non-service-connected pension purposes is being remanded due to insufficient evidence of his current condition, requiring further examination.

The Board denied the Veteran's claims for service connection for various conditions, including a right hip and knee disability, psychiatric disabilities (including PTSD), sexual dysfunction, gastrointestinal disorder, and hemorrhoids. The decision found that these conditions were not related to his military service.

The Veteran's appeal involves multiple service-connected disabilities, including diabetes mellitus and renal insufficiency. The RO has not obtained all of the Veteran's private medical records from Dr. Clemis Jackson or his Social Security Administration (SSA) disability benefits records. These records are necessary to make a full determination on the claims.

The Board denied the Veteran's claim for a restoration of a 30 percent disability rating for gastroesophageal reflux disease and found that the reduction from 30 to 10 percent was proper. The Veteran is currently rated at 10 percent for this condition.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled hearing before the Board of Veterans' Appeals. The case will be returned to the RO for scheduling a new hearing.