GERD (acid reflux) Board decisions

The Board has dismissed the appeals for service connection for OSA and GERD, as well as an initial compensable disability rating for rhinitis due to the Veteran's withdrawal of his appeal.

The Veteran's appeals for various disability ratings and effective dates have been dismissed due to the death of the Veteran during the appeal process.

The Board has determined that the Veteran's representative did not receive a timely copy of the March 2020 Statement of the Case (SOC) concerning the earlier effective date claims for various conditions. The appeals are being remanded to issue a SOC on these issues.

The Veteran's migraines are now rated at 50% effective September 23, 2016. The Board also granted TDIU from September 23, 2016 due to the combined effect of multiple service-connected disabilities.

The Board has granted the Veteran's claims for service connection for gastroesophageal reflux disease (GERD) and obstructive sleep apnea on a secondary basis to his already service-connected cervical spondylosis with radiculopathy, fibromyalgia.

The Veteran's claim for service connection for GERD is denied as the evidence does not support a finding that his condition began during service or is related to an in-service injury.,The Veteran's bilateral hearing loss is currently rated at 10 percent, which is the maximum schedular rating. The Board finds no basis to grant a higher rating based on the current evidence of record.

The Board has remanded the cases for further development and consideration, including obtaining outstanding VA treatment records. The appellant's TDIU claim is also considered.

The Veteran's GERD with stomach ulcers is remanded for additional development, including obtaining VA and non-VA medical records related to the condition.

The Veteran's claims for various conditions were dismissed as he did not comply with proper claims processing rules, including failing to submit a valid RAMP Opt-in or timely notice of disagreement.

The Veteran's claim for a rating in excess of 10 percent for tinnitus was denied, as the maximum schedular rating has already been assigned.,Service connection for erectile dysfunction and gastroesophageal reflux disease (GERD) were granted. However, service connection for GERD is remanded due to a pre-decisional duty to assist error.

The Board has remanded the Veteran's claims for right knee disability, left knee disability, lumbosacral disability, gastroesophageal reflux disease (GERD), and asthma due to unclear medical opinions regarding their etiology and potential aggravation by service. The claims are being returned for further development.

The Veteran's service-connected adjustment disorder with anxiety is granted a 70 percent rating, effective from the date of the June 2020 rating decision. The ratings for neurogenic bladder dysfunction and gastroesophageal reflux disease remain denied.

The Veteran's service-connected disabilities are considered, and a new examination is required to determine if he requires aid and attendance or is housebound due to his conditions.

The Board has found that the VA did not substantially comply with its prior remand orders regarding scheduling of medical examinations for the Veteran's service connection claims. The appeals are therefore being returned to the AOJ for further development.

The Veteran's appeal for an initial disability rating in excess of 10 percent for GERD is dismissed as moot because it is a duplicate appeal under the Appeals Modernization Act (AMA).

The Veteran's GERD is rated at 30 percent, but no higher, throughout the appeal period. The Board found that his symptoms of persistent and recurrent epigastric distress with bilateral shoulder pain, daily pyrosis, difficulty swallowing, and substernal arm or shoulder pain meet the criteria for a 30 percent rating under DC 7346.

The Board has determined that the appellant's claim for nonservice-connected survivor's pension benefits is denied, and service connection for the cause of the Veteran's death is remanded due to duty-to-assist errors prior to the March 2020 decision on appeal.

The Board denied service connection for rheumatoid arthritis with gout, COPD, cardiomegaly (enlarged heart), tendonitis, erectile dysfunction, and diabetes mellitus, type II. The evidence did not support a current diagnosis of any of these conditions.,Service connection was also denied for acid reflux disease as it is not service-connected on a secondary basis.

The Veteran's claims for service connection are being remanded due to errors in obtaining relevant medical records and VA examinations.,Specifically, the Board finds that there may be missing service treatment records from his active duty service in Southwest Asia (SWA) during the Persian Gulf War. Additionally, Reserve and National Guard medical records need to be obtained as they could provide information about the onset of his current conditions.

The Veteran withdrew all his pending claims and appeals, including those related to various conditions and service connection issues. As a result, the Board dismissed these cases.