GERD (acid reflux) Board decisions

The Veteran seeks service connection for various conditions, including renal cell carcinoma and its secondary effects, as a result of exposure to Agent Orange during his Vietnam service. The Board has ordered additional development due to conflicting medical opinions.

The Veteran's claims for service connection and increased ratings were denied. The Board found no evidence of current anemia, and the Veteran does not have chronic anemia. For his degenerative disc disease, C5-6, with cervical strain, the VA examiner did not find any limitation in motion or other symptoms that would warrant a higher rating. His right ear hearing loss was also rated as 0 percent disabling.

The Board has granted service connection for PTSD and hypertension, but denied the Veteran's claims for an effective date prior to December 11, 2007, and a higher rating for duodenal ulcer with GERD.

The Veteran's hypertension, GERD, and bilateral foot disability are all granted service connection. The GERD is based on aggravation of a pre-existing condition.

The Veteran's appeals for higher initial evaluations for his service-connected conditions were denied. The RO maintained the original ratings of 10 percent for GERD, right and left knee strains, lumbar strain, and right wrist tendinitis post excision of ganglion cyst.

The Board found that the Veteran's GERD was not shown prior to or during her periods of active service. The presumption of soundness is rebutted, and there is no clear and unmistakable evidence showing that her preexisting GERD was aggravated by any period of ACDUTRA. Therefore, service connection for GERD is denied.

The Veteran's claims for service connection for left leg radiculopathy, initial compensable evaluations for lumbar muscle spasm and a left inguinal hernia, and an initial rating in excess of 10 percent disabling for GERD were denied. The Board found that there was no evidence of chronic left leg radiculopathy or other service-connected disabilities causing the Veteran's symptoms.

The Veteran's appeal of the January 2004 rating decision was dismissed due to failure to timely file a substantive appeal. The issues of entitlement to increased ratings and earlier effective dates are currently on hold as they are inextricably intertwined with the timeliness issue.

The Veteran's claim for service connection for a skin rash of the arms and legs was withdrawn. The RO granted an initial compensable evaluation (20%) for postoperative residuals of peptic ulcer disease and gastroesophageal reflux disease, confirmed the current rating, and denied increased ratings for hemorrhoids and resected colon polyps. No effective date is assigned as the appeal is dismissed.

The Veteran's service-connected disabilities do not preclude him from obtaining and retaining substantially gainful employment.

The Veteran's GERD and IBS are rated at 10 percent prior to November 8, 2007. Effective November 8, 2007, the Veteran is granted a combined rating for both conditions at 30 percent. The case is remanded due to issues with effective date determination and consideration of direct service connection.

The Veteran's GERD and skin cancer are found to have onset in service, warranting service connection. The lumbar and cervical spine disabilities are not found to be related to service.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the Veteran's asbestosis is not related to active service, his gastroesophageal reflux disease does not meet criteria for a higher rating, and his varicose veins of both legs do not meet criteria for a higher rating since July 10, 2001. His hemorrhoids were also found not to warrant a compensable rating.

The Board has determined that new and material evidence has been received sufficient to reopen the previously denied service connection claim for reflux esophagitis. The issue of whether service connection is warranted for this disorder (now claimed as GERD) will be addressed in a separate decision.

The Board has granted a 20 percent rating for residuals of peptic ulcer disease with gastroesophageal reflux disorder, and denied an increased rating for residuals of fracture of the proximal aspect of the right 5th metatarsal.

The Veteran's GERD is found to be proximately due to or the result of his service-connected back strain and degenerative disc disease of the lumbar spine. The Veteran's low back disability does not meet the criteria for a rating in excess of 20 percent.

The Veteran's disabilities, while numerous and severe, do not render an average person unable to follow substantially gainful employment. The Board finds that the Veteran is not permanently and totally disabled as a result of any disability.

The Veteran's service-connected disabilities do not meet the criteria for financial assistance in the purchase of an automobile and adaptive equipment or for specially adapted housing.

The Board found that there is no evidence of a direct relationship between the Veteran's current lung disability and his military service, thus denying the claim for service connection.

The Veteran's appeal is being remanded due to his inability to attend a scheduled hearing. The issues of service connection for an acquired psychiatric disorder, digestive disorder (GERD), and coronary artery disease are still pending.