The veteran's claim for an increased evaluation of his service-connected gastrointestinal disability is denied as he is already receiving the maximum schedular rating.,The veteran's claim for compensation under 38 U.S.C.A. ¶ 1151 for bloating, nausea, and bowel problems resulting from surgery (Nissen fundoplication) at a VA medical facility in July 2000 is dismissed as moot due to his already receiving the maximum schedular rating for his gastrointestinal disability.
The deciding factor: The veteran's service-connected gastroesophageal reflux disease, status post Nissen fundoplication, currently rated at 60 percent disabling, does not meet the criteria for an increased evaluation as he is already in receipt of the maximum schedular rating.,The claim for compensation under 38 U.S.C.A. ¶ 1151 is dismissed because the veteran's service-connected gastrointestinal disability already provides him with the maximum schedular rating, rendering his claim moot.
- Claimed conditions
- gastroesophageal reflux disease, status post Nissen fundoplication
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 18, 2005
- Citation
- 0513476
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0513476.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling a new VA examination to evaluate his service-connected gastrointestinal disability. The Veteran also requested a videoconference hearing at the RO.
- Granted
The Board has determined the effective dates for service connection of the Veteran's conditions should be June 17, 1991.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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