GERD (acid reflux) decisions — 2017

The Board has reopened the Veteran's claims for service connection for PTSD due to MST, GERD, hyperthyroidism, and muscle spasm of the right shoulder. The new evidence received since the final denial supports these claims.

The Board has granted a total disability rating based on individual unemployability from September 5, 2012. The appeal is now remanded for consideration of an extraschedular TDIU prior to that date.

The Veteran's appeal is being remanded due to the need for additional VA examinations and the provision of outstanding treatment records.

The Board has determined that the Veteran's gastritis with gastroesophageal reflux disease (GERD) is not etiologically related to active military service and therefore denied his claim for service connection.

The Veteran's service-connected disabilities did not preclude him from securing or following substantially gainful employment prior to March 12, 2009.

The Veteran's claims for increased PTSD and TDIU prior to January 3, 2012 are denied. The Board finds that the Veteran is not entitled to a higher evaluation for his PTSD or entitlement to TDIU due to service-connected disabilities.

The Veteran's lumbar spine disability is rated at 40 percent, effective from the date of his claim. The Board has determined that a higher rating is not warranted based on the evidence of record.

The Veteran's GERD had its onset in service and the Board has granted service connection for this condition. The other issues on appeal are addressed in the remand section following the decision.

The Board has ordered additional development due to the receipt of new medical evidence, including records from Bill Nichols State Veterans Home and Body Audit Documentation Guides dated 2008 to 2009. The case is being remanded for an addendum opinion by a physician to determine if the Veteran's service-connected conditions contributed to his death.

The Board has determined that the evidence is in relative equipoise as to whether the Veteran's current cervical spine, left knee, and left shoulder disorders are related to his service. The VA examiner provided a clear conclusion with a supporting rationale for the GERD and OSA diagnoses.

The Veteran's claims for service connection have been denied as new and material evidence has not been received to reopen the claims.

The Veteran's claims for increased ratings and service connection were denied. The claim to reopen the endometriosis was also denied.

The Veteran's service-connected disabilities render him in need of aid and attendance, warranting SMC at the aid and attendance rate.

The Veteran's acid reflux, to include GERD, was not incurred in and is not related to active service. The claim for service connection has been denied.

The Veteran's appeal is being remanded for additional development, including new VA examinations and readjudication of his claims.

The Board found that the Veteran's gastrointestinal disability, including PUD, GERD and H. pylori, is not related to service.

The Veteran's GERD is currently rated as 10 percent disabling, and the evidence does not support a higher rating.,The Veteran's left medial plateau stress fracture is currently rated as noncompensable. The evidence does not support a compensable rating.

The Board granted initial ratings of 10 percent for GERD, left inguinal hernia, and right shoulder dislocation and impingement since December 20, 2011. The Veteran's GERD is not shown to be manifested by symptoms that warrant a higher rating. The left inguinal hernia is reasonably shown to be manifested by symptoms consistent with a small postoperative hernia not reasonably reducible. The right shoulder disability is reasonably shown to be manifested by pain and consequent limitation of motion approximately to shoulder level.

The Board has granted an earlier effective date of December 1, 1999 for a grant of TDIU based on the Veteran's service-connected disabilities.

PTSD was initially granted with a 30% evaluation prior to September 5, 2012. The Veteran's PTSD has since been increased to 50% from September 5, 2012 to February 2, 2017 and to 70% thereafter.,PTSD remains at a maximum of 70% on or after February 2, 2017.