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2,544 vetted Board decisions in 2024.
The Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance or housebound status is being remanded due to a pre-decisional duty to assist error. The Board finds that medical clarification is required regarding whether the Veteran needs regular aid and attendance due to his service-connected disabilities.
The Board dismissed the appeal of the deferred issue regarding service connection for GERD because it did not constitute an adjudicative determination from which an NOD could be filed.
The VA denied a higher disability rating for the appellant's GERD with Barrett's esophagus, finding that his symptoms did not meet the criteria for a higher rating.
The Board denied the Veteran's claim for a disability rating in excess of 30 percent for rectal stricture, effective February 1, 2022. The evidence did not show that his condition met the criteria for a greater rating.
The Veteran's claim for service connection for depressive disorder has been granted. The claims for heart condition, upper and lower bowel condition, GERD, and ED have not met the criteria for service connection.
The Board has denied readjudication of the claims for eye condition, right knee condition, and GERD. The claims for neurologic signs or symptoms of the right lower extremity and left lower extremity have been granted.
Service connection is granted for gastroesophageal reflux disease (GERD), hiatal hernia, and Barrett's esophagus.,Service connection is granted for cataracts. Service connection is also granted for hypertensive retinopathy as part of the service-connected hypertension.
The Veteran's claims for higher ratings and effective dates are being remanded due to a duty-to-assist error in failing to obtain private treatment records from Blessing Hospital and Blessing Physician Services Behavioral Health. The issues include right hand neuropathy, borderline personality disorder, IBS with GERD, right shoulder osteoarthritis, hypertension, and TDIU.
The Veteran's service-connected lumbosacral strain with narrowing L4-L5 disc space, radiculopathy sciatic nerve, gastroesophageal reflux disorder, and rhinitis are found to have caused or aggravated the Veteran's obstructive sleep apnea (OSA). As a result, the Board has granted service connection for OSA as secondary to these pre-existing conditions.
The Board has granted an increased disability evaluation for heartburn (claimed as acid reflux) from 0% to 10%, effective October 5, 2022. The appellant is eligible for direct payment of attorney fees based on past-due benefits awarded in the January 21, 2023, rating decision.
The Board has determined that the VA's duty to assist claimants in obtaining relevant records was not met prior to the August 2022 decision on appeal. The claims for increased ratings are being remanded to allow for additional development.
The Veteran's service-connected intestinal disabilities were increased from a 30 percent to a 100 percent disability rating effective July 1, 2022. The Appellant is eligible for attorney fees based on the past-due benefits awarded in the January 2023 rating decision.
The Veteran has withdrawn his appeals for the claims of right shin splint, left shin splint, mood disorder, sciatic radiculopathy (right lower extremity), lumbosacral strain, irritable bowel syndrome with gastroesophageal reflux disease and esophagitis, allergic rhinitis, sciatic radiculopathy (left lower extremity), and bilateral hearing loss.
The Veteran's GERD and hemochromatosis are rated at a 30 percent disability rating, effective from the date of the January 2023 VA Form 10182 Decision Review Request. The Veteran's spinal stenosis with spondylolisthesis is denied as his condition did not meet the criteria for a greater than 20 percent rating.
The Veteran's claims for service connection for an esophageal condition and obstructive sleep apnea are being remanded due to inadequate medical opinions. The AOJ is required to obtain new VA medical opinions regarding the etiology of these conditions, considering the synergistic effects of all exposure risks.
The Veteran's irritable bowel syndrome and gastroesophageal reflux disease have been granted a disability rating of 60 percent, effective November 17, 2020.
The Board has dismissed the claims of service connection for GERD, right ear hearing loss, and a respiratory disability due to lack of evidence meeting VA criteria.
The Board has granted a 30 percent rating for the Veteran's IBS with GERD, finding that his symptoms are productive of considerable impairment of health.
The Board has found that the Veteran requires personal care services for a minimum of six continuous months based on her need for supervision, protection, or instruction due to multiple diagnosed conditions and functional limitations. The appeal is being remanded for further development to determine eligibility for PCAFC benefits.
The Veteran's claim for service connection for GERD was granted, and the effective date is set at September 5, 2003.
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