GERD (acid reflux) decisions — 2012

The Veteran's claims for service connection for tinnitus, stomach disorders (hiatal hernia and GERD), and a right shoulder disorder were denied as the evidence does not support a finding that these conditions are related to his military service.

The Veteran's claim is being remanded for additional development, including obtaining VA medical records and scheduling a VA examination to address the nature and etiology of her claimed stomach condition, to include gastroesophageal reflux disease (GERD).

The Board denied the claims for service connection for various conditions, finding that there was no evidence of a nexus between these conditions and active military service or periods of ACDUTRA/INACDUTRA.

The Board denied service connection for seizure disorder, hypertension, bilateral knee disorder and gastrointestinal disorder. The claims were remanded multiple times but the Veteran did not provide additional evidence or participate in a hearing.

The Veteran's GERD is found to be aggravated by his service-connected conditions, including diabetes mellitus with hypertension, coronary artery disease, residuals of a shell fragment wound in the left hip, peripheral neuropathy, and PTSD. Service connection for GERD is granted.

The Veteran's acid reflux is currently evaluated at a 30 percent rating, effective February 28, 2004. The Board finds that the current evaluation adequately reflects his symptoms and does not warrant an increase in evaluation.

The Board has denied the Veteran's claims for service connection for sinusitis, a stomach disorder, and PTSD. The evidence does not support a finding of service connection for any of these conditions.

The Veteran's GERD is found to be at least as likely as not aggravated by his service-connected PTSD. The heart disorder and hypertension are not shown to be related to service or service-connected conditions, while erectile dysfunction is not shown to be caused by a service-connected condition.

The Veteran's initial ratings for GERD and epididymalgia, testalgia, and prostatitis have been granted. The right wrist disability is rated at 10 percent since January 13, 2006, with a higher rating sought. The right knee disability is also rated at 10 percent since January 13, 2006, with a higher rating sought.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions regarding his service-connected conditions and their relationship to his current gastrointestinal issues. The case will be reviewed again after the additional development.

The Veteran's lumbosacral spine disability is rated at 60 percent, but the claim for a higher rating remains denied.,The Veteran's cervical spine disability is rated at 20 percent, and the claim for a higher rating remains denied.,The Veteran's left knee disability is rated at 10 percent, and the claim for a higher rating remains denied.,The Veteran's right knee disability is rated at 10 percent, and the claim for a higher rating remains denied.,The Veteran's partial avulsion of right biceps muscle is not compensable, as it approximates slight limitation of function of Muscle Group V.,The Veteran's fungal infection of the bilateral feet is rated at 10 percent, but no more. The scars are painful on examination.,The Veteran's GERD is rated at 10 percent, and the claim for a higher rating remains denied.,The Veteran's migraine headaches are rated at 30 percent, and the claim for a higher rating remains denied.

The Veteran's initial ratings for migraines, GERD, and hypertension have been granted but are currently at noncompensable levels. The Board found that the Veteran's migraines do not meet criteria for a higher rating due to their frequency of attacks being less than severe economic inadaptability. For GERD, the Board determined there is no evidence of dysphagia or significant impairment of health warranting a higher rating.

The Board finds that VA properly reduced the Veteran's VA compensation following his incarceration, and therefore denies the appeal.

The Board has determined that the reduction in evaluation of bilateral hearing loss from 40 percent to 30 percent effective December 1, 2010 is proper.

The Board has determined that the Veteran's Crohn's disease is not related to his military service and therefore denied his claim for service connection.

The Veteran's service-connected hiatal hernia with GERD is currently rated at 30 percent, but does not meet the criteria for a higher rating as his symptoms do not warrant a disability rating in excess of 30 percent.

The Board denied the appellant's claims for an earlier effective date and service connection for tinnitus, finding no legal basis for either claim.

The Veteran is entitled to a total disability rating for compensation purposes based on individual unemployability prior to April 28, 2010 due to service-connected disabilities preventing him from obtaining or retaining substantial gainful employment.

The Veteran's effective date for the award of additional compensation for a dependent spouse is set to November 29, 2007, based on his continued marriage to J.F. and all required dependency information provided in his VA Form 21-526.

The Veteran's claims for service connection for hypertension, fibromyalgia (to include as secondary to PTSD), and arthritis have been denied. The Veteran's claim of entitlement to an initial evaluation in excess of 30 percent for PTSD from May 3, 2007 through April 18, 2011 has been granted. The Veteran's claims of entitlement to an evaluation in excess of 70 percent for PTSD since April 19, 2011 and to an initial evaluation in excess of 10 percent for gastroesophageal reflux disease (GERD) from November 19, 2007 through April 18, 2011 have been granted.