GERD (acid reflux) decisions — 2013

The Veteran's claims for service connection for PTSD, chest pain, right lower leg pain, acid reflux, and left side nose disorder have been granted with effective dates of January 18, 2007.

The Veteran's service connection claim for gastrointestinal disorders, including GERD and other GI conditions such as IBS, duodenal ulcer, peptic ulcer disease, and gastritis, is granted. The Board finds that these conditions are related to her active duty service.

The Veteran's claim for service connection for Adie's tonic pupil of the right eye is granted as it is secondary to a service-connected condition. The claim for a compensable rating for hiatal hernia with gastroesophageal reflux is also granted.

The Board found that the Veteran's right forearm disability was not incurred in service as it pre-existed his enlistment and did not increase in severity during service.

The Veteran's stomach disability, including diverticulitis, chronic colonic gastritis, gastroesophageal reflux disease and hiatal hernia, as well as his kidney disability with hematuria, are found to be caused by his service-connected lumbar paravertebral fibromyositis with disc disease at L5-S1 and radiculopathy.

The Veteran's IBS is related to his service in the Southwest Asia theater of operations, and he has a presumptive claim for this condition. The Board also granted service connection for an acquired psychiatric disorder (to include PTSD and depression) based on evidence that it may be related to fear of hostile military activity during service. Service connection was denied for the gastroesophageal disorder due to lack of sufficient evidence.

The Board has determined that there is no current diagnosis of left elbow tendonitis, GERD, or pancreatitis. Therefore, the Veteran's claims for service connection for these conditions are denied.

The Board finds that the overpayment of VA disability compensation benefits was not properly created as it was solely due to VA administrative error. The Veteran's claim for waiver of the overpayment is granted.

The Veteran's appeal has been withdrawn for the issues of entitlement to an initial, compensable rating for service-connected left ear hearing loss and entitlement to an initial rating in excess of 20 percent for service-connected left foot plantar fasciitis. The issue of entitlement to an initial rating in excess of 10 percent for service-connected gastroesophageal reflux disease (GERD) remains on appeal.

The Veteran's claims for increased evaluations for GERD and a right shoulder disability were denied. The Board found that the evidence did not support higher ratings based on the severity of his symptoms.

The Board has remanded the case for further examination and an addendum to the VA examiner's report. The Veteran is seeking service connection for GERD, but the VA examiner concluded that it is less likely than not related to his active service.

The Veteran's appeal is being remanded due to the need for additional records and development of his claim, including obtaining SSA disability benefits information and VA treatment records.

The Veteran's claim for an increased rating for GERD was denied as there is no evidence of severe symptoms or recurrent episodes warranting a higher rating.

The Veteran's claims for service connection for acid reflux, bilateral elbow pain, and right shoulder disorder are dismissed. The claim of CUE in the June 2007 RO rating decision is also dismissed. Service connection for a right shoulder disorder is granted.

The Veteran's gastrointestinal symptoms are being reviewed due to his service in the Gulf War and exposure to burning oil wells. The current medical opinions provided by VA examiners were inadequate, and a new examination is needed to determine if these conditions are related to his military service.

The Veteran's GERD was initially granted service connection and assigned a noncompensable disability rating effective February 28, 2005. In November 2011, the disability rating was increased to 30 percent effective November 10, 2011.

The Board has denied the Veteran's claims for service connection for GERD, a respiratory disability, and hypertension due to exposure to herbicides. The RO assigned a single 30 percent rating for lipomas of the arms, legs, back, and stomach effective November 3, 2006.

The Board has remanded the Veteran's claims for additional development and consideration of his service connection claims, including a request for supplemental opinions from the May 2013 VA examiner or an appropriate substitute.

The Veteran's achalasia with cardiospasms is currently rated at 50 percent, which fully contemplates the severity of his symptoms.,The Veteran's GERD is currently rated at 10 percent. The evidence does not show that he meets the criteria for a higher rating.

The Veteran withdrew his appeal for all issues except Parkinson's disease, hypertension, depression, left ear hearing loss, tinnitus, GERD, respiratory disorder/breathing disorder, vertigo, double vision, and sleep disorder.