GERD (acid reflux) decisions — 2018

The Board denied the Veteran's claim for service connection for GERD as secondary to her service-connected left hip and thigh disability and the medication therefor, finding that the evidence did not support a nexus between these conditions.

The Veteran's claim for an effective date prior to February 1, 2012 for the grant of service connection for various disabilities was denied. The Board found that the earliest possible date allowable for the grant of service connection is the day following separation from active duty service.

A total disability rating based on individual unemployability (TDIU) is granted effective November 18, 2008. The Veteran's service-connected disabilities preclude her from securing and following substantially gainful employment.

The Board has remanded the Veteran's claims for service connection due to exposure to herbicide agents, including for coronary artery disease, diabetes mellitus, type II, hypertension, acid reflux, erectile dysfunction, and tinnitus. The AOJ is instructed to obtain VA treatment records, verify any trip ashore to Vietnam, and provide medical opinions regarding the etiology of these conditions.

The Veteran's total combined rating is 40 percent from March 28, 2011 to April 3, 2014. The Board found that the Veteran was not unemployable due to his service-connected disabilities and denied entitlement to a TDIU.

The Veteran's GERD is currently rated at 10 percent, but not higher. The Board found the evidence did not show considerable impairment of health.,PTSD was granted a 30% rating effective March 23, 2007. The Veteran argues for an earlier effective date, which the Board denied as it is factually ascertainable that PTSD had not worsened to warrant a higher rating prior to August 2, 2012.

The Veteran's service-connected disabilities prevent him from securing or following substantially gainful employment, and the Board finds that he meets the criteria for a TDIU prior to December 27, 2016.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and examination reports. The issues include psychiatric disorders, prostate disorder, erectile dysfunction, hypertension, anemia, gastrointestinal disorders, skin disorder, bilateral eye disorders, low back disability, upper back disability, right leg disability, left leg disability, and bilateral hearing loss.

The Veteran's claim for service connection for GERD has been reopened due to the submission of new and material evidence. The effective date for this grant is set at December 16, 2013.,The Veteran's claim for an earlier effective date for coronary artery disease remains pending as there is no clear rule that would allow a retroactive effective date prior to the date of his formal claim under FDC rules.

The Veteran withdrew his appeals on all issues related to pes planus, achilles tendonitis, GERD, and neuropathy of the feet before a decision was made.

The Board has remanded the Veteran's claims for service connection and increased rating, as well as his claim for a TDIU. The Veteran is required to provide updated medical records and complete VA forms. He also needs to undergo examinations for his ankle disorders, foot conditions, and mental health issues.

The Board has remanded the cases for further development and readjudication due to incomplete service records. The Veteran's claims for service connection will be reconsidered based on new evidence.

The Veteran's claim for TDIU is granted effective May 26, 2010. The Veteran's claim for service connection for shortness of breath is dismissed. The Veteran's claim for service connection for migraine headaches, including as secondary to his service-connected chronic lumbosacral strain, is remanded.

The Veteran's claim for service connection is denied as he did not serve during any of the specified periods of war under 38 U.S.C. § 1702, and thus cannot be granted as a matter of law.

The Veteran's GERD and hiatal hernia have been rated at 10 percent since June 2005. The Board found that the symptoms do not warrant a higher rating as they do not meet the criteria for a 30 percent rating.

The Board denied service connection for PTSD, an acquired psychiatric disorder, sleep apnea, and GERD as the evidence did not establish current diagnoses or a link to service.

The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's post-operative complications are related to his surgery and if they were caused by negligence or unforeseeable events.

The Board denied service connection for various conditions, including bilateral hearing loss, head injury, cervical spine disability, left upper extremity radiculopathy, lumbar and thoracic spine disabilities, gastrointestinal problems (gastritis and GERD), bronchitis, essential benign tremor, and bladder dysfunction. The decision found that the Veteran did not meet the criteria for service connection due to lack of evidence of a current disability or a link between his in-service exposure and any diagnosed conditions.

The Board has reopened the Veteran's claims for service connection for bursitis of the right knee, Haglund's deformity of bilateral heels, lower back condition, acid reflux, bilateral callus condition of the feet, and pseudofolliculitis. The appeals are granted to that extent.

The Veteran's GERD was granted a disability rating of 30 percent, but no higher, effective December 6, 2017. Prior to that date, the Veteran had a noncompensable rating.