GERD (acid reflux) decisions — 2012

The Veteran's GERD has been productive of dysphasia, pyrosis, regurgitation and substernal or arm pain, resulting in considerable impairment of health. Since October 23, 2008, the disability warrants a 10 percent rating.

The Board denied an increased rating for GERD and found no evidence of a genitourinary disorder. The Veteran's GERD was rated as 10 percent disabling, but the Board did not find any basis to grant a higher rating.

The Veteran's claims for service connection for various conditions, including acid reflux, high cholesterol, erectile dysfunction, kidney disease, thyroid disorder, gout, and lower back/shoulder disabilities, were denied as these conditions are not presumed to be related to herbicide exposure.

The Veteran's service-connected disabilities, including Scheuermann's disease with degenerative disc disease, GERD with hiatal hernia, bilateral hearing loss, mechanical episodic brachial plexus compression radiculopathy of the right upper extremity, mechanical episodic brachial plexus compression radiculopathy of the left upper extremity, and tinnitus, are found to be so disabling as to render him unable to care for his daily personal needs or protect himself from the hazards and dangers of daily living without regular aid and attendance. The Veteran's need for such aid is granted.

The Veteran's service connection for GERD is granted, and the Board finds that his other service-connected disabilities do not render him unemployable. The TDIU issue will be remanded to allow for a determination of whether all service-connected disabilities, considered in combination, render the Veteran unemployable.

The Veteran's appeal is being remanded for a Travel Board hearing at the Waco, Texas RO. Service connection claims for back disability and gastroesophageal reflux syndrome (GERD) are pending.

The Veteran's service-connected gastrointestinal disability is rated at 10 percent, effective September 1, 2007. The claim for a higher rating remains denied.

The Veteran's appeal is being remanded for additional development of his service connection claims, including obtaining missing service treatment records and clarifying the nature of any post-service diagnoses related to his seizure disorder.

The Veteran's initial rating for his gastrointestinal disorder, including hiatal hernia, gastroesophageal reflux disease (GERD), and irritable bowel syndrome (IBS), was denied prior to January 2, 2008. The Board found that the disability picture did not warrant a higher than 10 percent rating during this period.

The Veteran's chronic fatigue syndrome is found to be secondary to his service-connected acquired psychiatric disorder and sinusitis.

The Board has ordered a remand to obtain an updated medical opinion regarding the relationship between the Veteran's current hiatal hernia with GERD and his service-connected appendectomy and scar. The case will be returned for further development.

The Board has remanded the case for further development due to an inadequate VA examination. The Veteran's current chest pain, thoracic muscle spasms, and GERD need to be evaluated by a VA examiner.

The Board denied service connection for GERD with hiatal hernia and diabetes mellitus, attributing the latter to herbicide exposure during service in Hawaii. The Veteran's claim for earlier effective dates for tinnitus and hearing loss was also denied.

The Veteran's disability manifested by PTSD is not due to disease or injury that was incurred in or aggravated by active service or any period of ACDUTRA.,The Veteran does not have a sinus or respiratory disability due to disease or injury that was incurred in or aggravated by active service or any period of ACDUTRA.,The Veteran does not have a disability manifested by a scalp rash due to disease or injury that was incurred in or aggravated by active service or any period of ACDUTRA.,The Veteran's disability manifested by acid reflux disease is not due to disease or injury that was incurred in or aggravated by active service or any period of ACDUTRA.

The Board has granted the Veteran's claim of service connection for obstructive sleep apnea, finding that it is etiologically related to his military service and to his service-connected lumbar disc disease and arthritis of the neck.,The Board has also reopened the Veteran's claims of service connection for gastritis with nausea and abdominal distress and for obstructive sleep apnea. Service connection will be granted in these cases.

The Veteran's claim for earlier effective dates was denied as his application for benefits was received by VA on January 18, 2007, which is the date he contacted the Disabled American Veterans (DAV) office. The one-year deadline for filing a claim after separation from service has expired.

The Board has determined that additional development is needed to ensure all relevant records are obtained and reviewed, including service treatment records and private medical records. The Veteran's claims for service connection will be remanded for further action.

The Board has granted a 50% rating for service-connected migraine headaches effective from August 2010, and the Veteran's GERD is found to be due to disease or injury incurred in active service. The heart disorder remains pending as it was remanded.

The Veteran's claim for SMC by reason of the need for regular aid and attendance of another person or being housebound was denied as he does not meet the criteria for either benefit.

The Veteran's claims for service connection for GERD and a low back disability are being remanded due to the need for additional medical examinations and opinions.