GERD (acid reflux) decisions — 2013

The Veteran's appeal was denied for all issues, including service connection and increased rating claims.

The Veteran's service-connected GERD is currently evaluated as 10 percent disabling, and the Board finds that a higher evaluation is not warranted based on the evidence of record.

The Veteran's claim for service connection for GERD was denied as there is no credible evidence of a current disability and the medical opinion against her claim.

The Board denied all claims for service connection, finding that there was no evidence of a current disability or objective indications of chronic disability due to an undiagnosed illness related to service in the Persian Gulf War.

The Board has granted service connection for the Veteran's acquired psychiatric disability, left wrist burn scar, digestive disorder, sleep disorder, and ED as secondary to hypertension. The remaining issues of service connection have been withdrawn by the Veteran.

The Board found that the Veteran's upper gastrointestinal disorder did not pre-exist his service and was not aggravated by a service-connected disability, thus denying the claim for service connection.

The Veteran's GERD and hiatal hernia with history of ulcers and erosions are rated at 30 percent, resolving doubt in his favor. Service connection for pancreatitis is denied.

The Veteran's service records do not show any symptoms of impaired breathing or acid reflux disease during active duty. After separation, there is no evidence of these conditions until years later.,There are no current diagnoses of impaired breathing or acid reflux disease in the medical record.

The Veteran's appeal has been withdrawn due to a request for withdrawal prior to the Board's decision.

The Veteran's GERD is currently rated at 30 percent, effective October 1, 2007. The Board finds that the evidence does not support a higher rating.

The Board finds that the Veteran was experiencing a medical emergency on January 31, 2009 when he sought treatment at Baptist Medical Center South. The appeal is granted as payment or reimbursement of unauthorized medical expenses incurred.

The Veteran's appeal is being remanded for additional development to address his claims of service connection for various conditions, including PTSD, heart disorder, fibromyalgia, sleep disorder, gastrointestinal disorders, cold injury residuals of the hands and feet. The case will be returned to the Board after further review.

The Veteran's appeal for service connection for an acquired psychiatric disorder (other than service-connected dysthymic disorder), to include PTSD, has been withdrawn. The issues of a TDIU rating and an increased rating for GERD with hiatal hernia are being remanded.

The Board found that the Veteran's GERD did not manifest during service or within a presumptive period, and there was no evidence linking it to active service. The right leg disorder claim is pending as the VA examiner has declined to provide an opinion without resorting to speculation.

The Board has remanded the case due to insufficient evidence to decide whether the Veteran's current acid reflux disease is related to service. Further development under the duty to assist is needed.

The Veteran's service-connected disabilities do not cause functional limitations that prevent him from overcoming his employment handicap, and thus he is not entitled to vocational rehabilitation training under Chapter 31 of Title 38 of the United States Code.

The Veteran's service-connected GERD has been manifested by heartburn, nocturnal regurgitation, and occasional sleep disturbance. However, most symptoms are controlled when compliant with medication. There is no evidence of persistently recurrent epigastric distress with dysphagia, pyrosis, and regurgitation, accompanied by substernal arm or shoulder pain, which would warrant a higher rating.

The Veteran's claims for GERD and hiatal hernia were denied as there is no evidence of their onset during service or a relationship to her Persian Gulf War service. The remaining claims, including those related to lower extremity numbness, shoulder disorders, elbow disorders, hip disorders, ankle disorders, knee disorders, and the rating claim for radiculopathy, are dismissed due to withdrawal by the Veteran.

The Board has remanded the case for further development, including obtaining updated VA treatment records and scheduling a comprehensive examination to assess the Veteran's ability to secure and maintain substantially gainful employment due to his service-connected disabilities.

The Veteran's service-connected GERD is currently rated at 30 percent, effective July 6, 2004. The Board has found that the current rating adequately reflects the severity of his symptoms.