GERD (acid reflux) decisions — 2015

The Board has determined that the Veteran's death was not caused by a disease or injury incurred in service, and therefore denied the claim for service connection for the cause of the Veteran's death.

The Board has determined that the Veteran's claimed conditions are not related to service, including exposure to contaminated water at Camp Lejeune. The claims for service connection have been denied.

The Veteran's service-connected disabilities, including Type II diabetes mellitus, gastroesophageal reflux disease, and coronary artery disease, are found to preclude him from obtaining or maintaining substantially gainful employment.

For the initial rating period from February 27, 2009 to February 5, 2014, the Veteran's post cholecystectomy syndrome with GERD has been manifested by symptoms of persistent diarrhea, constipation, vomiting, nausea, reflux, regurgitation, mid and upper abdominal pain, material weight loss, inability to eat solid foods, headaches, lightheadedness, confusion, dysphagia, sleep disturbance, and some anemia. The Board finds that the 30 percent disability rating currently assigned adequately reflects the severity of the Veteran's symptoms during this period.

The Veteran's claims for service connection and evaluations have been granted, with effective dates ranging from April 29, 2008 to May 13, 2009. The specific conditions include a left knee disorder, foot disorders (pes planus and hallux valgus), left eye disorder, acquired psychiatric disorder (depression), degenerative joint disease of the right knee, ankle tendinosis, gastroesophageal reflux disease, pseudofolliculitis barbae, and shoulder rotator cuff tear.

The Board has determined that the Veteran's claims for service connection have been denied. The decision does not specify which conditions or issues were denied, but it is clear from the context that all of the listed conditions and issues were addressed.

The Veteran's appeal is being remanded for additional development, including obtaining private medical records and scheduling a VA examination to assess the severity of his service-connected Crohn's disease, gastritis and hiatal hernia/gastroesophageal reflux disease (claimed as acid reflux), and history of ulcers.

The Veteran's claim for service connection for a psychiatric disorder, skin disorders (including possible basal cell carcinoma), and gastroesophageal reflux disease (GERD) has been denied as there is no current diagnosis of these conditions since the inception of his claims. The Board finds that the Veteran does not have a current psychiatric disorder or skin disorders (including possible basal cell carcinoma).

The Veteran's service-connected gastrointestinal disorder, GERD with dyspepsia, is rated at a 30 percent disability level effective from August 9, 2004.

The Veteran's tinnitus is service-connected and rated at the maximum allowable under VA regulations. The Board also granted a higher rating for his anxiety disorder, but denied other claims including those for sleep apnea and arthritis.

The Veteran's upper respiratory disorder and GERD have been granted service connection, with the GERD receiving an initial rating of 30 percent.

The Veteran's overpayment of $1,572.00 in disability compensation benefits is waived due to the circumstances surrounding his incarceration and the apportionment of benefits.

The Veteran's claims for increased ratings and service connection were denied. The Board found no evidence of a separate bilateral foot disability other than psoriasis, and the preponderance of the evidence did not support higher evaluations for right knee instability or left hip strain.

The Veteran's GERD was granted an increased rating to 60 percent effective April 4, 2015. Prior to this date, the disability had been rated at 30 percent.

The Board has determined that the Veteran's tinnitus first manifested during active duty service and has persisted since then, warranting service connection. The claim for gastroesophageal disorder is remanded to obtain a medical opinion regarding its etiology.

The Board has granted service connection for right and left knee patellofemoral syndrome, bilateral pes planus, gastroesophageal reflux disease (GERD), and right shoulder degenerative joint disease and acromioclavicular joint arthropathy.

The Veteran's claim for service connection for a leg disorder, claimed as secondary to her service-connected right knee disability, was denied. The RO also confirmed the previous denial of the left knee disorder claim and denied the GERD claim on the merits.,The Veteran's attempt to reopen her previously denied claims for left knee disorder (secondary to right knee disability) and GERD were unsuccessful.

The Veteran's claim for an initial compensable rating for bilateral hearing loss was denied, as his current level of hearing impairment did not warrant a higher rating. His claim for a higher initial rating for GERD remains pending.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including obtaining medical opinions and records.

The Board has remanded the case for additional development, including a VA examination to determine the nature and etiology of any digestive disability. The Veteran's claim will be readjudicated based on the new evidence.