GERD (acid reflux) decisions — 2015

The Veteran's claims for service connection and initial ratings were denied. The Board found that hypertension was not shown to be causally or etiologically related to any disease, injury, or incident in service and did not manifest within one year of service discharge. GERD was not manifested by persistently recurrent epigastric distress with dysphagia, pyrosis, and regurgitation, accompanied by substernal or arm or shoulder pain, to any level of severity. For the entire appeal period (with the exception of a period of a temporary total rating as per 38 C.F.R. § 4.30), the Veteran's lumbar spine disability was manifested by functional impairment consisting of subjective complaints of pain and limitation of motion, without limitation of the thoracolumbar spine to less than 60 degrees or limitation of the combined range of motion of the thoracolumbar spine less than 120 degrees. The assignment of an initial 10 percent rating for right lower extremity radiculopathy as of June 21, 2011, but no earlier, and an initial noncompensable rating for left lower extremity radiculopathy as of March 27, 2012, were proper. The Veteran's claims for service connection and initial ratings for right shoulder arthritis were denied.

The Veteran's appeal for a higher initial rating for GERD with residual surgical scarring has been withdrawn. The case is now dismissed.

The Board has remanded the case for additional development, including obtaining VA medical records and scheduling the Veteran for examinations to assess his left knee disability, bilateral carpal tunnel syndrome, and PTSD. The claims are also being remanded for issuance of a statement of the case on the issues of service connection for GERD and entitlement to a TDIU.

The Veteran's service connection claims for various conditions were denied as the evidence did not support a finding that these conditions are related to his military service.

The Veteran withdrew all his appeals regarding the issues of service connection for bilateral hearing loss, gastroesophageal reflux disease (GERD), and a low back disability at the October 2015 Board hearing.

The Veteran's service-connected disabilities, including chronic rhinitis, generalized anxiety disorder, bilateral pes planus, tinnitus, sinusitis, esophageal hiatal hernia with gastroesophageal reflux disease, and bilateral hearing loss, meet the criteria for a TDIU and VA outpatient dental treatment.

The Veteran's service connection claims for various conditions, including cholecystectomy residuals, GERD, depression, knee disabilities, respiratory disorder, allergic rhinitis, sleep apnea, hemorrhoids, skin disability, traumatic brain injury residuals other than headaches, headaches, right eye trauma residuals, dry eye syndrome, and erectile dysfunction are all granted.,The Veteran's service connection claims for obstructive sleep apnea, headaches, dry eye syndrome, and erectile dysfunction were found to be related to his active duty service.

The Veteran's service-connected PTSD renders him unable to secure or follow substantially gainful employment, meeting the criteria for a TDIU.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including obtaining his service treatment records and personnel records. A VA examination is also required for the claimed conditions.

The Veteran's appeals have been withdrawn prior to the Board issuing a decision.

The Veteran's claim for an increased rating for GERD from November 1, 2014 and his TDIU claim are being remanded due to the need for additional development.

The Veteran's death was caused by VA surgical and medical treatment, specifically a Belsey Mark IV fundoplication for GERD. The proximate cause of the death is considered an unforeseeable event due to complications from MRSA infection.

The Board has determined that the Veteran's current chronic renal insufficiency and upper gastrointestinal bleed, to include GERD, are not related to his service. The evidence does not support a finding of direct service connection for these conditions.

The Veteran's GERD has been rated at 10 percent since the effective date of service connection, and his left hip disability is currently rated as noncompensable. The Veteran's restless leg syndrome has been assigned a 10 percent rating.,The Veteran's initial increased ratings for GERD, left hip disability, and restless leg syndrome have been granted.

The Veteran's claim for service connection for diverticulosis has been granted. The Board finds that there is competent and probative medical evidence of record suggesting a relationship between the Veteran's current disability and his active service.

The Board has granted service connection for hypertension, gastroesophageal reflux disease (GERD), and headaches. The Veteran's claims for increased ratings for his right knee strain, left knee strain, and lumbar strain are remanded.

The August 1995 rating decision denied service connection for a chronic digestive disorder due to lack of evidence showing in-service onset or aggravation. The Veteran's claim was not well-grounded as his STRs were silent for such conditions.

The Veteran's GERD, anal fissure, left knee disability, right knee disability, and low back disability have been granted increased ratings. The GERD has been rated at 30 percent effective June 25, 2015.

The Veteran's appeal has been remanded for additional development, including scheduling VA examinations and readjudication of the claims.

The Board found that the Veteran's GERD and hiatal hernia were not incurred or aggravated in service, as his symptoms are attributable to his clinically diagnosed conditions. As a result, presumptive service connection under 38 U.S.C.A. § 1117 and 38 C.F.R. § 3.317 is not warranted.