GERD (acid reflux) decisions — 2015

The Veteran's service-connected status post Billroth-2 subtotal gastrectomy, with hiatal hernia and gastroesophageal reflux disease (GERD), has been rated at 20 percent since the February 2011 rating decision. The RO found that his condition did not meet criteria for a higher rating due to less frequent episodes of epigastric disorders with characteristic mild circulatory symptoms after meals, but with diarrhea and weight loss.

The Veteran's initial ratings for bronchial asthma and gastroesophageal reflux disease (GERD) have been denied as the conditions do not meet the criteria for higher ratings.

The Board denied the Veteran's claims for service connection for gastroesophageal reflux disease (GERD), fatigue, and left ear hearing loss. The claim of entitlement to a total disability rating based upon individual unemployability (TDIU) was also denied.

The Veteran's PTSD is currently rated at 30 percent prior to January 16, 2014. Beginning on that date, the rating has been increased to 70 percent.

The Veteran's appeal is being remanded for additional development, including new VA examinations and the provision of his most recent VA outpatient treatment records.

The Veteran's obstructive sleep apnea is found to have its onset during active military service and he has been granted service connection for this condition. The issue of service connection for an eye disability was withdrawn by the Veteran prior to a decision being made, and the issue of service connection for PTSD was also withdrawn.

The Board denied the Veteran's claims for an earlier effective date for service connection and for increased ratings, as well as her TDIU claim. The Veteran was not provided adequate notice regarding her hysterectomy claim in February 2002, which is a requirement under Kent v. Nicholson.

The Veteran's claims were denied, and the reduction of his GERD rating was found to be improper. The effective date for a 100% PTSD rating is not established as he did not file an earlier effective date claim within one year of receiving the increased rating.

The Veteran's service-connected GERD symptoms most closely reflect persistently recurrent epigastric distress with dysphagia, pyrosis, and regurgitation, accompanied by substernal or arm or shoulder pain, productive of considerable impairment of health. The Board finds a 30 percent disability rating is warranted for the Veteran's service-connected GERD throughout the period on appeal.

The Board has granted service connection for GERD and finds that the Veteran's GERD first manifested during service. The Board also notes that a VA examination is needed to determine if the Veteran's sleep apnea was incurred in service.

The Board has denied the Veteran's claims of service connection for a disability manifested by allergies, as there is no current diagnosis of such a condition. The only definitive diagnosis was of dermatitis/hyperpigmentation in 1995, which resolved three years prior to the filing of her claim.

The Veteran's claims for service connection for GERD and sleep apnea have been denied. The claim for GERD has been reopened, but the issues of service connection remain unresolved.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his hiatal hernia with GERD, gastric ulcer, and Barrett's esophagus.

The Board has determined that the Veteran's sinusitis was incurred during active military service and grants service connection for this condition.

The Veteran's gastrointestinal disability, including a hiatal hernia and GERD, is found to be related to service. The Board grants the claim for service connection.

The Board found that the Veteran's current gastrointestinal disorders, GERD and ulcerative colitis, are not of service origin or etiologically related to his service-connected Hepatitis B residuals. The Veteran's service records do not show any in-service gastrointestinal complaints or diagnoses, and he was not diagnosed with these conditions until years after separation from service.

The Board has determined that new and material evidence has been presented to reopen the claims for service connection for depression with anxiety and panic attacks, sinus disability, irritable bowel syndrome, and restless leg syndrome. The Veteran's statements regarding his experiences in service have been considered.

The Veteran's appeal is being remanded for scheduling a videoconference hearing at the Louisville, Kentucky RO. The issues on appeal include service connection claims and requests to reopen previously denied claims.

The Veteran's GERD has been evaluated at a 10 percent rating since September 2, 2003. The Board finds that the current symptomatology does not warrant an increase in disability rating beyond this level.

The Veteran's claims for service connection and initial ratings have been granted. The Board found that the Veteran has keloids on his chest and back, right ear hearing loss, degenerative disc disease of the lumbar spine, gastroesophageal reflux disease (GERD), posttraumatic stress disorder (PTSD), right hip bursitis, left hip bursitis, right knee bursitis with chondromalacia, bilateral flat feet with degenerative changes of both feet, and stress related headaches. The Veteran's service connection claims are granted as his conditions are found to be at least as likely as not related to his military service.