GERD (acid reflux) decisions — 2014

The Veteran is seeking an earlier effective date for a 60 percent rating for his service-connected duodenal ulcer with dumping syndrome, bile gastritis, and gastroesophageal reflux. The case is being remanded due to the inextricably intertwined issue of whether there was clear and unmistakable error (CUE) in a June 1994 rating decision that denied entitlement to a higher rating.

The Board has granted service connection for an acquired psychiatric disability and denied service connection for GERD.

The Veteran's irritable bowel syndrome is found to be etiologically related to military service, granting service connection for this condition. The claims of entitlement to service connection for GERD as secondary to PTSD and/or irritable bowel syndrome, diarrhea, hypertension, restless leg syndrome, numbness and tingling of the hands, and numbness and tingling of the feet are remanded for further development.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Board has remanded the case for further development, including obtaining VA treatment records and arranging for examinations to assess the severity of hiatal hernia with GERD and any sleep disability. The Veteran's claims will be readjudicated after these actions.

The Veteran's claims for service connection and increased rating for GERD, allergic rhinitis, and hypertension are being remanded due to the need for additional development including a VA examination.

The Board has determined that the Veteran is entitled to a TDIU and DEA benefits effective from September 5, 2000, as he was found eligible based on his service-connected disabilities at that time.

The Board has determined that the Veteran does not currently have a diagnosis of chronic fatigue syndrome and thus, service connection for this condition is denied.

The Board found that the Veteran does not have current, chronic disabilities involving his right knee, gastroesophageal reflux disease, or fibromyalgia. Therefore, service connection for these conditions is denied.

The Board has determined that the Veteran's conditions are related to his service and have granted service connection for all claimed disabilities.

The Veteran's GERD is rated as noncompensably disabling prior to November 30, 2012 and 10 percent thereafter. The Veteran's bilateral hearing loss claim is denied due to lack of evidence of chronic hearing loss during service.

The Board denied service connection for the Veteran's bilateral knee disorder, residuals of a bone chip in the neck and shoulders, and GERD. The issues concerning these conditions were not adjudicated as part of the appeal.

The Veteran's current obstructive sleep apnea is aggravated by his service-connected gastroesophageal reflux disease (GERD), with history of esophagitis and hematemesis, warranting service connection.

The Veteran's reactive airway disease was granted a rating of 30 percent from November 29, 2006 to May 17, 2013. His diabetes mellitus type II and gastroesophageal reflux disorder (GERD) were each rated at their maximum allowable ratings. The Veteran's left orchialgia was granted a noncompensable rating, while his erectile dysfunction remained noncompensable.

The Board found no evidence of a low back disability in service or for many years thereafter, and the Veteran's current low back disability is not related to his active service.,There was also no evidence linking the Veteran's GERD to his active service. The Board concluded that the Veteran's GERD is not related to any service-connected condition.

The Veteran's hiatal hernia with acid reflux and history of ulcer is rated at 10 percent, but the symptoms do not warrant a higher rating.

The Board denied service connection for a gastrointestinal disorder, including as due to undiagnosed illness. The Veteran's current diagnosed conditions are not considered chronic qualifying disabilities related to underlying symptoms resulting from an undiagnosed illness.,The Board also denied service connection for the cervical spine disability. The Veteran's current cervical spine disability is unrelated to any injury, disease or event in service.

The Veteran withdrew his appeal regarding the issues of whether new and material evidence has been received to reopen the claims for hypertension, headaches, stomach acid reflux disease; entitlement to a rating in excess of 50 percent from July 19, 2006 through November 14, 2012, and in excess of 70 percent thereafter, for PTSD; and an effective date prior to July 19, 2006, for the assignment of a 50 percent evaluation for PTSD.

The Board has decided to remand the case for further development, including obtaining updated treatment records and scheduling a VA examination to provide an opinion on the nature and etiology of the Veteran's GERD and hiatal hernia.

The Board has reopened the claims for service connection and granted them, finding new and material evidence that relates to an unestablished fact necessary to substantiate the claim of service connection for ED. The Veteran's ED is etiologically related to his service-connected diabetes mellitus.